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OFFICIAL DONATION. 







JOURNAL 



OF THE 



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STATE OF DELAWARE 



[896-1897. 



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JOURNAL 



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OF THE 




OF THE 



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STATE OF DELAWARE, 



CONVENED AND HELD AT DOVER, ON TUESDAY, THE FIRST 
DAY OF DECEMBER, A. D. 1896, AND OF THE INDE- 
PENDENCE OF THE UNITED STATES THE 
ONE HUNDRED AND TWENTY-FIRST. 



1897: 

SUSSEX JOURNAL PRINT. 
Georgktown, Dei,. 









p. 

TJa« State. 

80400 



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JOURNAL 



OF THE 



CONSTITUTIONAL CONVENTION 



At the session of the Constitutional Convention of the 
State of Delaware, convened and held at Dover, on Tuesday, 
the first day of December, in the year of our Lord one thous- 
and eight hundred and ninety-six, and of the Independence'of 
the United States of America the one hundred and twenty- 
first. 

The Convention was called to order by Robert W. Dasey, 
a Delegate from Sussex county, and uport his motion, J. Wil- 
kins Cooch was nominated and elected President pro tempore, 
and Woodburn Martin was nominated and elected Secretary 
pro tempore. 

Charles B. Evans moved that a Committee on Credentials 
be appointed, 

Which motion Prevailed. 

And the President pro tempore appointed Charles B. 
Evans, William C. Spruance, Robert G. Harman, Charles F. 
Richards and Edward D. Hearne as said committee. 

Beniah Watson presented a certificate of election of Dele- 
gates from Kent county. 

Wilson T. Cavender presented another certificate of elec- 
tion of Delegates from Kent county. 

Sheriff William R. Flinn presented the certificates of 
election of the Delegates from New Castle county. 



Sheriff Joseph D. Truxton presented the certificates of 
election of the Delegates from Sussex county. 

The Committee on Credentials then retired. After 
deliberation, the committee returned and Mr. Evans sub- 
mitted the following report, to-wit: 

"We, the undersigned Committee on Credentials, respect- 
fully report that we have examined the certificates of the 
election of Delegates to this Convention returned by the 
Sheriff of New Castle county, and find that the following per- 
sons were duly chosen Delegates for said county, to-wit: 
Martin B. Burris, William C. Spruance, Elias N. Moore, Ed- 
ward G. Bradford, Andrew L. Johnson, John P. Donahoe, 
John Biggs, Robert G. Harman, Charles B. Evans, J. Wilkins 
Cooch, 

"And we further report that we have examined the cer- 
tificates of the election of Delegates to this Convention re- 
turned by the Sheriff of Sussex county, and find that the fol- 
lowing persons were duly chosen Delegates for said county,, 
to-wit: Edward D.Hearne, Woodburn Martin, Joshua A. 
Ellegood, Andrew J. Horsey, Robert W. Dasey, Charles F. 
Richards, James B. Gilchrist, William P. Orr, William A. 
Cannon, Isaac K. Wright, 

"And we further report that we have examined two 
papers purporting to be certificates of the election of Dele- 
gates to this Convention from Kent county, one of which is 
signed by the Sheriff and six members of the Board of Can- 
vass of said county, whereby it is certified that ten persons 
therein named were chosen Delegates for said county, and the 
other of which is signed by the Coroner and ten members of 
the Board of Canvass of said county, whereby it is 'certified 
that ten other persons therein named were chosen Delegates 
for said county. 

"Your committee recommend that, of the. persons named 
in the said papers as chosen Delegates for said county, the 
following be seated as Delegates to this Convention, from 
said coumw, to-wit: Wilson T. Cavender, William Saulsbury, 
Ezekiel W. Cooper, Louder L. Sapp, Nathan Pratt, David SL 



dark, William T. Smithers, George H. Murray, Paris T. 
Carlisle, Jr., John W. Hering. 

All of which is respectfully submitted. 

CHARLES B. EVANS, 
W. C. SPRUANCE, 
ROBERT G. HARMAN, 
CHARLES F. RICHARDS, 
EDWARD D. HEARNE." 

On motion of Mr. Dasey, the report of the committee 
was adopted. The roll was called and the following Dele- 
gates answered to their names, to-wit: 

For New Castle county. — Martin B. Burris, William C. 
Spruance, Elias N. Moore, Edward G. Bradford, Andrew L. 
Johnson, John P. Donahoe, John Biggs, Robert G. Harman, 
Charles B. Evans and J. Wilkins Cooch. 

For Sussex county — Joshua A. Ellegood, Andrew J. Hor- 
sey, Robert W. Dasey, Edward D. Hearne, Woodburn Mar- 
tin, Charles F. Richards, James B. Gilchrist, William P. Orr, 
William A. Cannon and Isaac K. Wright. 

For Kent county. — Wilson T. Cavender, William Sauls- 
bury, Ezekiel W. Cooper, Louder L. Sapp, Nathan Pratt, 
David S. Clark, William T. Smithers, George H. Murray, 
Paris T. Carlisle, Jr., and John W. Hering. 

On motion of Mr. Pratt, the Convention proceeded to 
elect by ballot a President. 

Mr. Pratt placed in nomination John Biggs, of New Cas- 
tle county. 

Mr. Spruance placed in nomination Edward G. Bradford, 
of New Castle county. 

Mr. Cavender moved that two tellers be appointed, 

Which motion Prevailed. 

Whereupon Messrs. Cavender and Burris were ap- 
pointed tellers. 



Mr. Saulsbury moved that the Secretary call the roll and 
each Delegate come forward and cast his vote, 

Which motion Prevailed. 

Upon the ballot being counted it appeared that John 
Biggs, of New Castle county, had received sixteen votes and 
that Edward G. Bradford, of New Castle county, had received 
nine votes. 

Whereupon John Biggs, having received a majority of 
all the votes cast, was declared duly elected President of the 
Constitutional Convention. 

Mr. Bradford moved that the President pro tempore ap- 
point a committee of two to inform Air. Biggs of his election 
and to conduct him to the chair, 

Which motion Prevailed. 

Whereupon Messrs. Bradford and Horsey were ap- 
pointed said committee. 

Mr. Biggs, President-elect, was conducted to the chair 
by Messrs. Bradford and Horsey. In accepting the honor, 
he said: 

Gentlemen of the Convention: — I thank you for the 
honor which you have conferred upon me, and I particularly 
appreciate it, coming as it does entirely unsolicited on my 
part. 

I will discharge the duties which this election carries 
with it faithfully and impartially, to the best of my ability. 
In this I ask the indulgence and assistance of the members, 
and let me assure you if I make mistakes, as we are all liable to 
do, they will be errors of the head and not of the heart. 

I am sure we all appreciate the importance of this occa- 
sion and the responsibility that devolves upon us, and that we 
will all labor, having at all times the main objeci in view, and 
that is to frame a Constitution that will be acceptable to the 
people. Again I thank you. 

Air. Hearne placed in nomination for Secretary, Charles 
R. Tones, of Sussex countv. 



Mr. Richards placed in nomination for Secretary, Mor- 
gan T. Gum, of Sussex county. 

The Convention then proceeded to ballot, and upon the 
ballots being counted it appeared that Charles R. Jones, of 
Sussex county, had received sixteen (16) votes and that Mor- 
gan T. Gum, of Sussex county, had received (9) votes. 

Whereupon Charles R. Jones, having received a majority 
of all the votes cast, was declared duly elected Secretary of 
the Constitutional Convention. 

Mr. Hearne moved that a committee of two be appointed 
to notify Mr. Jones of his election and escort him to the chair, 

Which motion Prevailed. 

Whereupon the President appointed Messrs. Hearne and 
Gilchrist as said committee. 

Charles R. Jones, Secretary-elect, was introduced and took 
his seat at the Secretary's desk. 

Mr. Donahoe placed in nomination for Sergeant-at-Arms 
Daniel V. Hutchins, of Kent county. 

There being no other nominations, on motion of Mr. 
Donahoe, Mr. Hutchins was elected by acclamation. He was 
introduced and entered upon the duties of his office. 

Mr. Donahoe placed in nomination for page, Arthur 
Hutchins. 

There being no other nominations, on motion or Mr. 
Donahoe, Arthur Hutchins was elected by acclamation. 
He was introduced and entered upon the duties of his office. 

The Convention then proceeded to the election of a 
Chaplain. 

Mr. Plearne placed in nomination for Chaplain, Rev. C. 
I. Stengle. 

Mr. Burris placed in nomination for Chaplain. Rev. 
Walter E. Avery. 

Whereupon the Convention proceeded to ballot and Rev. 



Walter E. Avery, having received a majority of all the votes 
cast, was declared duly elected. 

Mr. Saulsbury moved that a committee of two be ap- 
pointed to inform Mr. Avery of his election and request him 
to act as Chaplain of the Convention during the session, 

Which motion Prevailed. 

Whereupon the President appointed Messrs. Saulsbury 
and Bradford as said committee. 

Mr. Richards moved that the Convention proceed to the 
election of an Assistant Secretary, 

Which motion Prevailed. 

Mr. Richards placed in nomination Morgan T. Gum, of 
Sussex county. 

Mr. Horsey placed in nomination E. D. C. Hegeman, of 
Sussex county. 

Mr. Johnson placed in nomination Franklin Brockson, of 
New Castle county. 

Mr. Cooper placed in nomination A. N. Brown, of Kent 
county. 

The Convention proceeded to vote, and upon the ballots 
being counted it appeared that 

Morgan T. Gum, of Sussex county, had received ten 
votes, 

E. D. C. Hegeman, of Sussex county, had received four 
votes, 

Franklin Brockson, of New Castle county, had received 
four votes, 

A. N. Brown, of Kent county, had received seven votes. 

No one having received a majority of all the votes cast, 
the President declared no election, and the Convention pro- 
ceeded to vote again, and upon the ballots being counted it 
appeared that 



Morgan T. Gum, of Sussex county, had received four- 
teen votes, 

E. D. C. Hegeman, of Sussex county, had received two 
votes, 

Franklin Brockson, of New Castle county, had received 
five votes, 

A. N. Brown, of Kent county, had received four votes. 

Whereupon Morgan T. Gum, having received a majority 
of all the votes cast, was declared duly elected Assistant Sec- 
retary of the Convention. 

Mr. Richards moved that a committee of two be ap- 
pointed to inform Mr. Gum of his election, 

Which motion Prevailed. 

Whereupon the President appointed Messrs. Richards 
and Hearne as said committee. 

Morgan T. Gum, Assistant Secretary-elect, was intro- 
duced and took his seat at the Secretary's desk. 

Mr. Cooch offered a resolution, which, on his motion, was 
read as follows: 

Whereas, The act calling this Convention expressed the 
opinion that any Constitution framed by this Convention 
should be submitted to the people of this State for their 
formal approval before the same should go into effect, which 
expression of opinion in the wisdom of the General Assembly 
was but the wish of the people of this State put in words by 
their representatives when calling for the election of Delegates 
to this Convention, and 

Whereas, It is the sense of this Convention that said 
opinion and wish should be duly respected and complied with 
by the Convention, 

Therefore, be it resolved, That the work of this Conven- 
tion, whether resulting in amendments to our existing Con- 
stitution or in the substitution of a new Constitution as a 
whole, shall be, and of right should be, first submitted to the 



IO 

people for their ratification or rejection before the same shall 
be considered as of binding force or ordained and proclaimed 
as the fundamental and organic law of this State. 

Mr. Bradford moved that the resolution be referred to a 
committee of three before action is taken by the Convention, 

Which motion Prevailed. 

Mr. Martin offered the following resolution and moved 
its adoption: 

Be it resolved, That the State Librarian be and he is 
hereby directed to purchase the necessary supplies of station- 
ery, &c, for the use of the members and secretaries of the 
Convention. 

The motion Prevailed. 

Mr. Pratt offered the following resolution and moved 
its adoption: 

Resolved, That a committee be appointed, consisting of 
five members, to report the manner in which it would be ex- 
pedient to proceed with the business of the Convention. 

Mr. Harman offered as a substitute, 'That a committee 
of five be appointed to report at next meeting the subjects for 
which standing committees should be appointed." 

Which was withdrawn and the original resolution offered 
by Mr. Pratt was adopted. 

Mr. Cooper moved that the President appoint a commit- 
tee of three on rules, 

Which motion Prevailed. 

Mr. Pratt moved that a committee of three be appointed 
by the President to take into consideration the question as to 
whether or not an oath should be taken by the members of 
this body, and if so, the form to be used, 

Which motion Prevailed. 

Mr. Saulsbury moved that until otherwise ordered this 
Convention meet dailv at n o'clock, a. m., 



II 

Which motion Prevailed. 

Mr. Evans moved that a committee of three be appointed 
to take into consideration the employment of a stenographer, 

Which motion Prevailed. 

Mr. Donahoe moved that a committee of three be ap- 
pointed to select and prepare a suitable place for the meet- 
ings of this Convention, 

Which motion Prevailed. 

Mr. Spruance moved that a committee of three be ap- 
pointed to make the arrangement for the seating of the mem- 
bers, 

Which motion Prevailed. 

Mr. Horsey moved that the Convention do now 
adjourn, 

Which motion Prevailed. 



Wednesday, December 2, 1897. 
11 o'clock, a. m. 

Convention met pursuant to adjournment. 

In the absence of the Chaplain-elect, Rev. Walter E. 
Avery, prayer was offered by the Rev. George M. Bond. 

Roll called. Members present: Messrs. Bradford, Burris, 
Cannon, Cavender, Cooch, Dasey, Donahoe, Ellegood, Evans, 
Gilchrist, Harman, Hearne, Horsey, Johnson, Martin. Moore, 
Pratt, Richards, Saulsbury, Sapp, Spruance. Wright, Mr. 
President. 

Secretary read the Journal of last meeting. 

Mr. Cavender thought the Journal did not show that 

more than one set of credentials were presented From Kent 



12 

county and moved to incorporate the fact that he (Mr. Caven- 
der) presented other credentials from Kent county so as to 
show there were two sets of credentials presented from Kent 
county. 

There being no objection, the President directed the Sec- 
retary to make the corection. 

Mr. Martin said it did not appear from the Journal that 
after the Convention was duly organized the roll was called 
and each member reported by the Committee on Credentials 
as entitled to a seat was here and answered to his name. He 
moved that the Journal be corrected in that respect, 

Which motion Prevailed. 



Mr. Hearne stated that he placed in nomination Rev. C. 
engle, an< 
tion be made. 



I. Stengle, and not Rev. W. E. Averv, and moved that correc 



There being no objection, the President directed the Sec- 
retary to make the correction, and also that Mr. Burris nomi- 
nated Rev. W. E. Avery. 

Mr. Bradford noted some verbal inaccuracies, and, no ob- 
jection being offered, the President directed the Secretary to 
correct the portions referred to by Mr. Bradford to read as 
follows : 

The Convention was called to order by Robert W. Dasey, 
Delegate from Sussex county, and upon his motion, J. Wilk- 
ins Cooch was nominated and elected President pro tempore. 

Mr. Dasey moved that that part of the Journal which has 
been corrected, be read again, 

Which motion Prevailed. 

Whereupon the Secretary read the corrected portions. 

Mr. Martin moved that the reading of the Journal be de- 
ferred. 

Whereupon the President declared that if there were no 
objections the final reading of the Journal would be deferred 



13 

until after recess, in order to give the members a chance to 
submit other corrections deemed proper. 

Mr. Dasey offered a resolution, which, on his motion, was 
read, as follows: 

Resolved, That a committee of three be appointed to wait 
upon his Excellency, the Governor, and the Governor-elect, 
and invite them to a seat on the floor at their pleasure, also, 
the Secretary of State, the Judiciary of the State, the members 
of the House and Senate who may be present during the ses- 
sion of the Convention, have the privilege of seats on the floor. 

And further, on his motion, the resolution was adopted. 

Mr. Martin offered a resolution, which, on his motion, 
was read as follows: 

Resolved, That the Secretary be requested to furnish 
each member of the Convention with a copy of the Revised 
Code and a copy of the Acts of the last General Assembly. 

And further, on his motion, the resolution was adopted. 

Mr. Donahoe offered a resolution, which, on his motion, 
was read as follows: 

Resolved, That the Secretary be instructed to furnish 
wrappers, stamps and stationery for the use of the Convention. 

And further, on his motion, the resolution was adopted. 

Mr. Spruance offered a resolution, which, on his motion, 
was read as follows: 

Resolved, That the Secretary be instructed and directed 
to furnish for the use of the members of the Convention thirty 
copies of each of the Wilmington daily papers, also, three cop- 
ies of each of the weekly papers published in the State; also, 
to each member another daily paper to be selected by him. 

And further, on his motion, the resolution was adopted. 

The President announced the appointment of the follow- 
ing committees pursuant to the action of the Convention yes- 
terday, viz: 



14 

Committee on resolutions as to submitting the Consti- 
tution to the people for ratification: 

Messrs. Cooch, Cavender, Richards. 

Committee on arranging order of business: > 

Messrs. Bradford, Harman, Saulsbury, Hearne, Cannon. 

Committee on Rules: 

Messrs. Cooper, Burris, Wright. 

Committee on Oath: 

Messrs. Pratt, Spruance, Ellegood. 

Committee on Stenographer: 

Messrs. Evans, Dasey, Moore. 

Committee on Place of Meeting of the Convention: 

Messrs. Donahoe, Johnson, Orr. 

Committee on Seating Members: 

Messrs. Spruance, Sapp, Martin. 

Mr. Hearne moved that the Secretary be instructed to 
furnish each member with a list of committees just announced, 

Which motion Prevailed. 

Mr. Horsey offered a resolution, which, on his motion, 
was read as follows : 

Resolved, That a committee of five be appointed to take 
into consideration the propriety of establishing an Agricultur- 
al Department into the Constitution of the State of Delaware. 

Mr. Horsey moved its adoption. 

Mr. Bradford moved to lay it on the table until the proper 
committee be made to which it can be referred, 

Which motion Prevailed. 



15 

Mr. Bradford moved that the Convention take a recess 
until 2 o'clock, p. m.. 

Which motion Prevailed. 



Same day, 2 o'clock p. m. 
Convention met pursuant to adjournment. 

The Journal was read in its entirety, as corrected, and 
was adopted. 

Mr. Bradford., on behalf of the Committee on Arranging 
Order of Business, submitted the following report,viz.: 

The undersigned, composing the Committee on Arrang- 
ing the Order of Business of the Convention, respectfully re- 
port that after considering the subject committed to said com- 
mitee they recommend the appointment of standing commit- 
tees each consisting of six members as follows: 

1st: — On the Legislature. 

2nd: — On the Governor and other Executive Officers. 

3rd: — On the Judiciary. 

4th: — On Elections. 

5th : — On Securing the Purity of the Ballot. 

6th : — On Corporations. 

7th: — On Crimes, Punishments and Impeachments. 

8th: — On Agriculture. 

9th: — On Alterations and Amendments of the Constitu- 
tion and the Calling of Constitutional Conventions. 



16 
i oth: — On Accounts. 

Respectfully submitted, 

EDWARD G. BRADFORD, 
ROBERT G. HARMAN, 
WILLIAM SAULSBURY, 
EDWARD D. HEARNE, 
WILLIAM A. CANNON. 

Mr. Pratt moved that the report of the committee be 
adopted and committee continued, 

Which motion Prevailed. 

Mr. Evans, on behalf of the Committee on Stenographer, 
reported as follows: 

We the undersigned committee appointed to consider the 
question of the employment of a stenographer, report that we 
have consulted with Mr. E. C. Hardesty and Mr. C. G. Guyer, 
'stenographers, and present for the consideration of the Con- 
vention the following estimate of the probable cost. 

Wilmington, Del., Dec.i, 1896. 

To the Members of the Constitutional Convention 
of the State of Delaware: 

Gentlemen: — We beg to state the following estimate, for 
stenographically reporting the proceedings of your Conven- 
tion from day to day: 

We will report the proceedings of the Convention and 
furnish four typewritten copies of the same within one week 
from the day when such proceedings are had and taken, at the 
rate of thirty (30) cents per folio of one hundred words; pro- 
vided, however, that on any day when the Convention is in 
session and the reporting of the proceedings does not amount 
to the sum of ten dollars, a per diem of ten (10) dollars is to be 
allowed us by the Convention to cover expenses. Payment 



i7 

for all work done within any two weeks shall be made at the 
end of such two weeks. 

Yours respectfully, 

Charles G. Guyer,. 
E. C. Hardesty. 



CHARLES B. EVANS, 
ROBERT W. DASEY, 
E. N. MOORE. 

Mr. Spruance moved that this report be laid on the table 
for further consideration. 

Mr. Harman moved that the privilege of the floor be 
granted Messrs. Guyer and Hardesty to explain the nature 
of the charges for stenographic work. 

Pending the discussion Mr. Spruance withdrew his mo- 
tion. 

Whereupon Mr. Harman's motion Prevailed. 

After explanations by Messrs. Guyer and Hardesty, Mr. 
Spruance renewed his motion as follows: 

That the consideration of the report be postponed until 
Monday, and the committee continued. 

On the question of the adopting of the motion the yeas 
and nays were ordered, which, being taken, were as follows : 

Yeas — Messrs. Burris, Cannon, Cavender, Cooch, Dasey, 
Donahoe, Evans, Gilchrist, Hearne, Horsey, Johnson, Martin, 
Moore, Pratt, Richards, Saulsbury, Sapp, Spruance, Wright, 
Mr. President, 

Nays — Messrs. Bradford, Ellegood, Harman. 

Yeas, 20; nays, 3. 

So the question was decided in the affirmative, and the 
motion, having secured the required majority, prevailed. 

Mr. Saulsbury moved that Messrs. Guyer and Hardesty 

2— e 



i8 

be employed upon the terms named until the close of next 
week's sessions, time commencing from the first of the session, 

Which motion Prevailed. 

Mr. Donahoe, on behalf of the Committee on Place of 
Meeting, made the following report, viz. : 

To the President and Delegates of the Constitutional 
Convention, Gentlemen: Your committee to whom was re- 
ferred the subject of securing permanent quarters for the meet- 
ings, beg leave to report that we have considered the matter, 
and find that the second story of the new Library Building 
is the most, if not the only, obtainable place for the above pur- 
pose, but considerable preparation will be necessary to put it 
in proper condition for the meetings of this body. We there- 
fore recommend that a committee of three be appointed and 
empowered to prepare and furnish said room in a suitable 
manner for the meetings of this Convention. 

A. L. JOHNSON. 
JOHN P. DONAHOE, 

Mr. Spruance moved that the report be adopted, the com- 
mittee continued and authorized to proceed in the preparation 
and furnishing of the room in a manner suitable for the occu- 
pation of the Convention, 

Which motion Prevailed. 

Mr. Cavender moved that when this Convention adjourn, 
it adjourn to meet on Monday, December 7th, at 2 p. m., 

Which motion Prevailed. 

Mr. Evans reported that Messrs. Guyet and Hardesty 
would comply with the request of the Convention and con- 
tinue their work next week. 

Mr. Burris, on behalf of the Committee on Rules, report- 
ed, recommending that the Rules governing the last House of 
Representatives in this State be adopted as the Rules of this 
Convention, in conjunction with Cushing's Manual, where 
'Cushing's Manual does not conflict with the Rules of the 
JHouse of Representatives, and moved its adoption, 



, 



19 

Which motion Prevailed. 

Air. Bradford moved that the vote just taken be reconsid- 
ered, and referred back to the Committee, 

Which motion Prevailed. 

The President stated that the motion is reconsidered and 
the matter is referred back to the Committee. 

Motion to adjourn prevailed. 



Monday, December 7, 1896. 
2 o'clock, p. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Cavender, Cooch, Dasey, Donahoe, Ellegood, 
Evans, Gilchrist, Harman, Hearne, Horsey, Johnson, Martin, 
Moore, Orr, Pratt, Richards, Saulsbury, Sapp, Spruance, 
Wright, Mr. President. 

Journal of the last meeting read and, after correction, 
approved. 

Mr. Martin moved that the proceedings of the Conven- 
tion be recorded as the "Minutes of the Convention." 

Mr. Spruance moved to amend by inserting the word 
"Journal" in place of the word "Minutes," 

Which amendment Prevailed. 

The motion, as amended, Prevailed. 

Mr. Pratt moved that the question of recess or adjourn- 
ment until afternoon be referred to the Committee on Rules. 

Which motion Prevailed. 



20 

Mr. Bradford moved that the standing Committee on the 
Judiciary consist of eight members, instead of six, 

Which motion Prevailed. 

Mr. Saulsbury, on behalf of the Committee to invite the 
Rev. Walter E. Avery to act as Chaplain, reported that they 
had performed their duty and that Mr. Avery had signified his 
acceptance. 

Mr. Hearne moved that the report be adopted and the 
committee discharged, 

Which motion Prevailed. 

Mr. Pratt, on behalf of the Committee on Oath, reported 

as follows: 

The committee appointed to inquire whether an oath 
should be taken by the members of this Convention, respect- 
fully report as follows : 

Neither the act under which this Convention was called 
nor any other act of the General Assembly makes any pro- 
vision upon the subject. 

Article VI of. the Constitution of the United States re- 
quires that Senators and Representatives in Congress, mem- 
bers of the State Legislatures, and all executive and judicial 
officers of the United States and of the several States, shall be 
bound by oath or affirmation to support the Constitution of 
the United States. 

Article VIII of the Constitution of this State requires that 
members of the General Assembly and all officers, executive 
and judicial, shall be bound by oath or affirmation to support 
the Constitution of this State and to perform the duties of 
their respective offices with fidelity. 

Article IX of the Constitution of 1791 is precisely the 
same as Article VIII of the present Constitution. 

The Convention of 183 1 considered this subject and de- 
termined that the Delegates to that Convention were not 



21 

included within either of the above mentioned Constitutional 
» provisions. 

Upon examining the minutes of the Conventions of 179 1, 
183 1 and 1852, your committee do not find that the Delegates 
to either of those Conventions took an oath of office. 

The practice in other States is not uniform. Jamison in 
his work on Constitutional Conventions states that "The 
question whether the members of a Convention should be 
sworn before entering upon their duties, has been variously 
answered in different Conventions. Of the whole number 
whose proceedings have been accessible to me, about one- 
half only have administered an oath." 

Your committee are of the opinion that neither of the 
above recited provisions of the Constitution of the United 
States, or of this State, are applicable to Delegates to this Con- 
vention; that any oath of office which this Convention might 
prescribe to be taken by the Delegates would be extra judicial 
or voluntary; and that the Convention could not lawfully ex- 
clude from participation in its proceedings any Delegate who 
should refuse to take such an oath. 

Your committee therefore recommend that no official 
oath be required to be taken by the Delegates to this Conven- 
tion. 

NATHAN PRATT, 
W. C. SPRUANCE, 
J. A. ELLEGOOD. 

Mr. Martin moved the report be adopted and the com- 
mittee discharged, 

Which motion Prevailed. 

The President announced the following Committee on 
Invitation to the floor of the Convention: 

Messrs. Dasey, Burris and Cooch. 

The President announced the standing committees as 
follows : 



22 

I. — On the Legislature: 

Messrs. Richards, Martin, Murray, Saulsbury, Bradford 
and Cooch. 

2. — On the Governor and other Executive Officers: 

Messrs. Hearne, Cannon, Cooper, Smithers, Johnson 
and Spruance. 

3. — On the Judiciary: 

Messrs. Spruance, Evans, Bradford, Cavender, Richards, 
Hearne, Burris and Martin. 

4. — On Elections: 

Messrs. Harman, Spruance, Cavender, Hering, Ellegood 
and Cannon. 

5. — On Securing the Purity of the Ballot: 

Messrs. Bradford, Evans, Carlisle, Cooper, Wright and 
Dasey. 

6. — On Corporations: 

Messrs. Pratt, Clark, Dasey, Richards, Donahoe and 
Burris. 

7. — On Crimes, Punishments and Impeachments: 

Messrs. Moore, Cooch, Smithers, Sapp, Gilchrist and 
Johnson. 

8. — On Agriculture: 

Messrs. Horsey, Wright, Pratt, Clark, Harman and 
Moore. 

9. — On Alterations and Amendments of the Constitution and 
the Calling of Constitutional Conventions: 

Messrs. Orr, Martin, Carlisle, Sapp, Burris and Harman. 

10. — On Accounts: 

Messrs. Saulsbury, Murray, Donahoe, Gilchrist, Elle- 
good and Orr. 



- 



23 

Mr. Hearne moved that the Secretary have 500 copies of 
the list of the standing committees printed for the use of the 
Convention, 

Which motion Prevailed. 

Mr. Cooper, on behalf of the Committee on Rules, moved 
that the parliamentary rules as laid down in Cushing's Man- 
ual be adopted as the rules governing this Convention at 
present, 

Which motion Prevailed. 

Mr. Saulsbury moved that the two committees, viz: Com- 
mittee on arranging Order of Business and Committee on 
Rules, be continued and added to the list of standing com- 
mittees, 

Which motion was Withdrawn. 

The following communication to the President was read: 
Middletown, Del,, Dec. 3, 1896. 

To the Membeis of the Constitutional Convention, 
Dover, Delaware. 

Whereas, The Delegates now in Convention, at Dover, 
Delaware, for the purpose of making a new Constitution for 
our State, and 

Whereas, An earnest desire has been expressed by many 
of our citizens that the principle of the referendum or local 
jption may be incorporated in the new Constitution, therefore 
be it 

Resolved, That the Sunday School delegates of the Evan- 
gelical denominations in New Castle county, now in session 
at Middletown, Delaware, do petition the members of the 
Constitutional Convention to incorporate the principle of the 
referendum, or local option, in the new Constitution, and be 
it further 



24 

Resolved, That a copy of this action be sent to the Presi- 
dent of the Convention. 

WILLIAM H. CROSBY, President 
CHARLES PL GRAY, Secretary. 

Mr. Ellegood moved that a special committee to consist 
of six members be appointed to deal with the question of the 
Manufacture and Sale of Intoxicating Liquors, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



Tuesday, December, 8, if 

ii o'clock a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, 
Burris, Cannon, Cavender, Cooch, Cooper, Dasey, Donahoe, 
Ellegood, Evans, Gilchrist, Harman, Hearne, Horsey, John- 
son, Martin, Moore, Murray, Orr, Pratt, Richards, Saulsbury, 
Sapp, Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Bradford, on behalf of the standing Committee on the 
Judiciary, moved that this committee be increased two mem- 
bers, 

Which motion Prevailed. 

Mr. Horsey, on behalf of the standing Committee on Ag- 
riculture, moved that this committee be increased two 
members, 

Which motion Prevailed. 



25 

Mr. Dasey, on behalf of the committee on invitation to 
the privilege of the floor, reported being unable to perform at 
present the duty required. 

Mr. Evans, on behalf of the committee on stenographer, 
moved that it is advisable for the Convention to continue the 
engagement of Messrs. Guyer and Hardesty for another week, 
from the time of our next weekly meeting to the time of our 
next weekly adjournment, 

Which motion Prevailed. 

Mr. Evans moved that a standing committee of three be 
appointed on printing, 

Which motion Prevailed. 

The President announced the following as a special Com- 
mittee on Manufacture and Sale of Intoxicating Liquors: 

Messrs. Ellegood, Cannon, Horsey, Hering, Evans and 
Carlisle. 

The President announced the following addition to the 
Committee on Judiciary, 

Messrs. Harman and Murray. 

To the Committee on Agriculture: 

Messrs. Gilchrist and Cavender. 

He also announced the following as the Committee on 
Printing: 

Messrs. Evans, Hering and Dasey. 

Mr. Ellegood moved that 500 copies of the standing and 
special committees as they now stand be printed, 

Which motion Prevailed. 

Mr. Saulsbury moved that the Convention i\o now ad- 
journ until to-morrow morning at 1 1 o'clock, 

Which motion Prevailed. 



26 



Wednesday, December 9, i< 

11 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Can- 
non, Cavender, Cooch, Cooper, Dasey, Donahoe, Ellegood, 
Evans, Gilchrist, Harman, Hearne, Horsey, Johnson, Moore, 
Murray, Orr, Pratt, Richards, Sapp, Saulsbury, Spruance, 
Wright, Mr. President. 

journal read and approved. 

Mr. Cooper, on behalf of the Committee on Rules, sub- 
mitted the following report and read the same as follows: 

Rale 1. — Every member shall be in his place at the time 
to which the Convention stands adjourned. 

Rule 2. — Every day, before the Convention proceeds to 
other business, the Chaplain shall offer prayer and the Secre- 
tary shall call the names of the members in alphabetical 
order and read the journal of the previous session, which lat- 
ter shall be corrected if necessary and adopted. 

Rule 3. — Every motion, and (except motion for adjourn- 
ment) the name of the member moving the same, on which a 
vote is taken, shall be entered on the journal. 

Rule 4.— Xo member shall be allowed to speak upon any 
subject more than twice, except in explanation,, without leave 
obtained through the President, and no member shall inter- 
rupt another while speaking, 1 unless on points of order, and 
then only by permission of the President. 

Rule 5. — All motions shall be subject to debate except 
motions to adjourn, to lay on the table, and for the previous 
question. 



27 

Rule 6. — All motions and resolutions except for the read- 
ing of reports, adjournments, to refer, or to postpone shall, if 
requested by the President or any member, be reduced to 
writing by the mover thereof, and, if seconded, shall be re- 
peated by the President before any debate or decision is had 
thereon. 

Rule 7. — Questions of order shall be determined by the 
President, without debate, from whose decision, however, an 
appeal may be had to the Convention at the request of three 
members. 

Rule 8. — Petitions, memorials and all other papers ad- 
dressed to the Convention, shall be presented by the President 
or a member,who shall briefly state the contents thereof with- 
out reading, unless called for by the Convention. 

Rule 9. — All committees shall be appointed by the Pres- 
ident unless otherwise ordered by the Convention. 

Rule 10. — Special notice of action on any report of com- 
mittee or other matter pertaining to the special ultimate work 
of the Convention, — i. e., the framing of a new Constitution, — 
shall be given the day preceding that on which said action is 
taken, and a vote of two-thirds of the members present shall 
be necessary to its adoption. 

Rule 11. — A vote of the majority shall prevail except 
where special rule is had to the contrary. 

Rule 12. — Unless otherwise ordered by a majority vote, 
the Convention shall meet every day, in one or more sessions 
as may be necessary — Sunday excepted — at eleven o'clock in 
the morning, and a majority shall constitute a quorum. 

Rule 13. — The rules of parliamentary practice as con- 
tained in "Cushing's Manual" shall govern this Convention 
whenever and wherever applicable, and when not in conflict 
with the standing rules. 

Rule 14. — The rules of proceeding in the Convention 
shall, as far as applicable, be observed in Committee of the 
Whole. 



28 

Rule 15. — No rule of this Convention shall be changed 
or suspended except by a vote of two-thirds of the members 
present. 

Rule 16. — The daily order of business shall be, after the 
opening service, as follows: 

1. — Calling the roll. 

2. — Reading the journal and its adoption. 

3. — Reports from standing committees in the order 
named. 

4. — Reports from special committees. 

5. — Presentation of petitions, memorials, &c. 

6. — Business on the calendar. 

7. — Miscellaneous business. 

The Secretary shall keep a calendar of business, on which 
reports from committees, resolutions and other matters undis- 
posed of, indicating the subject of each item, shall be placed 
in the order in which they are presented, a copy of which cal- 
endar he (Secretary) shall furnish to the President at the open- 
ing of the first session of each day. The business on the cal- 
endar shall be taken up and disposed of in the order in which 
it stands thereon, and a vote of two-thirds of the members 
present shall be required to take up any matter out of its order 
on said calendar or to make any matter the order of the day 
for a particular time. 

And further, Mr. Cooper moved the adoption of the 
rules as read. 

Mr. Spruance moved that the motion to adopt the rules 
lie on the table for further consideration, 

Which motion Prevailed. 

Mr. Spruance moved that the Committee on Printing be 
instructed to furnish, as soon as practicable, 50 copies of the 
rules as submitted, 

Which motion Prevailed. 



2 9 

Mr. Pratt offered a resolution, which, on his motion, was 

read as follows: 

> .) 

Resolved, That the Secretary of the Convention be au- 
thorized to purchase for the use of the Convention, ten sets of 
the work entitled, "American Constitutions," published by the 
Argus Company, of Albany, New York. 

And further, on his motion, the resolution was adopted. 

Mr. Donahoe, on behalf of the committee on place of 
meeting, made a verbal report, stating that four of the largest 
firms in the City of Wilmington were invited to submit bids, 
of which three had complied and submitted bids, giving $945, 
$935 and $824, respectively for supplies, which are to include 
not less than thirty desks, thirty chairs, speaker's stand, sec- 
retary's and reporters' desks, 200 yards of carpeting, &c. 
And he further stated that the gas fixtures have not yet been 
provided for, but that the heating contract had been let for 
the sum of $200, and was now in course of construction, and 
that the committee desired at this time further instructions 
from the Convention. 

Mr. Cooper moved that the committee on place of meet- 
ing be instructed to inquire into the feasibility of renting fur- 
niture necessary for the use of the Convention, and report at 
the earliest practicable time, 

Which motion Prevailed. 

The following communication to the President was read: 

Dover, Delaware, December 9, 1896. 

To the Honorable Members of the Constitutional Convention. 

Gentlemen :— In forming a new Constitution for our State 
of Delaware, we most earnestly request that you will so 
change the present Constitution as to enfranchise the women 
of our beloved State. 

As you remember, Delaware was the first State to come 
into the Union, so now let her continue to be progressive and 
take this important step, giving the ballo.t to all citizens irres- 
pective of sex. 



30 

This request is made by a large number of men and 
women in this Commonwealth that wish to see Delaware 
indeed a free State. 

Respectfully yours, 

MARTHA S. CRANSTON, 

President Delaware Equal Suffrage Association. 

Mr. Cooch moved that the communication be referred to 
the Committee on Elections, 

Which motion Prevailed. 

Mr. Pratt moved that a standing committee to consist of 
six members be appointed on Revenue and Taxation, 

Which motion Prevailed 

Mr. Bradford moved that when the Convention adjourn, 
it be to meet to-morrow afternoon at 2 o'clock, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



3i 



Thursday, December 10, 1896. 
2 o'clock p. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Can- 
non, Cavender, Cooper, Dasey, Donahoe, Ellegood, Evans, 
Gilchrist, Harman, Hearne, Horsey, Johnson, Martin, Moore, 
Murray, Orr, Richards, Sapp, Saulsbury, Spruance, Wright, 
Mr. President. 

Journal read and approved. 

Mr. Donahoe, on behalf of the Committee on Place of 
Meeting, gave the following verbal report: — That, having vis- 
ited four of the largest firms in the City of Wilmington, and 
after interviewing them, all declined to rent any furniture, but 
that the Committee had procured a lower estimate than had 
been previously submitted, as follows: 

30 Oak tables with drawer and lock, @ $3.00 each. 

30 Oak revolving arm chairs with springs, @ $3.25 each, 
or, Oak arm chairs with leather cushions, @ $2.00 each. 

14 Window shades, @ $1.00 each. 

140 Square yards of Napier matting with lining and put 
down properly on the floor, @ 40c per sq. yard. 

Mr. Donahoe moved the adoption of this report. 

Mr. Bradford moved to amend the motion by referring 
the matter back to the committee with power to act. 

Which motion was withdrawn. 

No objection being offered, Mr, Donahoe was permitted 
to withdraw his motion. 



32 

Whereupon Mr. Spruance moved that the Committee on 
Place of Meeting be instructed to proceed with the work of 
fitting up the room at an expense not to exceed the sum of 
$600, 

Which motion Prevailed. 

The President announced the following Committee on 
Revenue and Taxation : 

Messrs. Pratt, Clark, Cooch, Moore, Hearne and Orr. 

Mr. Gilchrist moved that a special Committee, consisting 
of three members, be appointed, on Education, 

Which motion Prevailed. 

Mr. Richards moved that when this Convention adjourn, 
it adjourn to meet next Wednesday morning at 1 1 a. m. 

Mr. Bradford moved to amend, that we insert to-morrow 
morning in place of Wednesday morning, 

Which amendment Prevailed. 

Motion to adjourn prevailed. 



33 



Friday, December n, 1896. 
11 o'clock, a. m. 
Convention met pursuant to adjournment. 
Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford,, 
Cannon, Cooch, Cooper, Ellegood, Gilchrist, Hearne, John- 
son, Murray, Orr, Pratt, Richards, Sapp, Saulsbury, Spruance > 
Mr. President. 

Journal read and approved. 

Mr. Richards moved that the communication received 
from the Sunday School delegates in New Castle county on 
Monday the 7 hist, be referred to the Committee on Manu- 
facture and Sale of Intoxicating Liquors, 

Which motion Prevailed. 

The President announced the following as a Special Com- 
mittee of three on Education, 

Messrs. Gilchrist, Cooper and Johnson. 

Mr. Spruance moved that when this Convention adjourn 
it will be to meet Thursday morning next at 1 1 o'clock. 

Mr. Saulsbury moved to amend by striking out Thurs- 
day and inserting Wednesday, 

Which motion to amend was seconded and 

The amendment Prevailed. 

The question then recurring on the original motion, as 
amended, it prevailed. 

Mr. Saulsbury presented a bill from the Postmaster at 
Dover of $72.58, and moved that it be referred to the Commit- 
tee on Accounts, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



34 



Wednesday, December 16, 1896. 

11 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Cavender, Cooch, Cooper, Dasey, Donahoe, Elle- 
good, Evans, Gilchrist, Hearne, Horsey, Johnson, Martin, 
Moore, Murray, Pratt, Richards, Sapp, Saulsbury, Spruance, 
Wright, Mr. President. 

Journal read and approved. 

Mr. Saulsbury presented a bill of fifty ($50) dollars from 
the Argus Publishing Company, of Albany, New York, and 
moved that it be referred to the Committee on Accounts, 

Which motion Prevailed. 

Mr. Cooper moved that the Convention take up the rules 
for consideration, 

Which motion Prevailed. 

Mr. Cooper, on behalf of the Committee on Rules, stated 
the committee desired to strike out from Rule 10, the follow- 
ing, "and a vote of two-thirds of the members present shall 
be necessary to its adoption." 

No objections being offered, the President announced 
that portion of Rule 10 stricken out. 

Mr. Cooper moved that the rules be taken up seriatim for 
consideration. 

Mr. Pratt moved that the rules be re-committed to the 
committee for further consideration, with the request that they 
.examine the rules governing the Conventions of 1831 and 
.1852, 



35 

Which motion Prevailed. 

Mr. Spruance moved that the Convention adjourn until 
4 o'clock this afternoon, 

Which motion Prevailed. 



Same Day, 4 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Donahoe, on behalf of the committee on place of 
meeting, reported progress, and announced that they were 
ready to order the supplies for furnishing the room, and that 
the cost would come within the sum allowed. 

Mr. Donahoe presented a price list of publications re- 
lating to Constitutional Convention work, which by permis- 
sion he read, and further moved that it be referred to the 
Committee on Printing, 

Which motion Prevailed. 

Mr. Hearne, on behalf of the Committee on the Governor 
and other Executive Officers, submitted and read the follow- 
ing report, viz : 

The Committee on the Governor and other Executive 
Officers recommend the following amendments to the Con- 
stitution : 

Strike out all of Section 9 of Article III and substitute. 
in lieu thereof, the following: 

"Section 9. He shall have the power to remit lines and for- 
feitures, to grant reprieves, commutations of sentence and par- 
dons, except in cases of impeachment ; but no pardon shall be 
granted, nor sentence commuted, except upon the recommen- 
dation in writing of the Chancellor. Speaker of the Senate. 
Attornev General and Secretary of State, or anv three of them. 



36 

after full hearing, and such recommendation, with the reasons 
therefor at length, shall be filed and recorded in the office of 
the Secretary of State, who shall forthwith notify the Gov- 
ernor thereof.'"' 

Strike out the word "second" in the last line of Section 3 
of Article III, and insert in lieu thereof the word "third." 

Insert next after the end of Section 13 of Article III, the 
following : 

"Section 14. Every bill which shall have passed both. 
Houses of the General Assembly shall, before it becomes a 
law, be presented to the Governor; if he approve he shall 
sign it, but if he shall not approve, he shall return it with his 
objections to the House in which it shall have originated, 
which House shall enter the objections at large on the journal 
and proceed to reconsider it. If, after such reconsideration, 
two-thirds of all the members elected to that House shall 
agree to pass the bill, it shall be sent, together with the objec- 
tions, to the other House by which it shall likewise be recon- 
sidered, and if approved by two-thirds of all the members 
elected to that House, it shall become a law. But in all such 
cases the votes of both Houses shall be determined by yeas 
and nays, and the names of the members voting for and 
against the bill shall be entered on the journal of each House 
respectively. If any bill shall not be returned by the Gov- 
ernor within ten days (Sundays excepted) after it shall have 
been presented to him, the same shall be a law, in like man- 
ner as if he had signed it, unless the General Assembly shall, 
by their adjournment, prevent its return, in which case it shall 
not become a law without the approval of the Governor. No 
bill shall become a law after the final adjournment of the Gen- 
eral Assembly unless approved by the Governor within thirty- 
days after such adjournment. The Governor shall have 
power to disapprove of any item or items of any bill making 
appropriations of money, embracing distinct items, and the 
part or parts of the bill approved shall be the law, and the item 
or items of appropriation disapproved shall be void, unless re- 
passed according to the rules and limitations prescribed for 
the passage of other bills over the Executive veto. Every 
order, resolution, or vote to which the concurrence of both. 



37 

Houses of the General Assembly may be necessary (except on 
a question of adjournment) shall be presented to the Gov- 
ernor; and before the same shall take effect shall be approved 
t>y him, or being disapproved by him shall be repassed by two- 
thirds of all the members of each House of the General 
Assembly, according to the rules and limitations prescribed in 
the case of a bill." 

EDWARD D. HEARNE, 
WILLIAM A. CANNON, 
E. W. COOPER, 
A. L. JOHNSON, 
W. C. SPRUANCE. 

Mr. Hearne moved that the report be referred to the Com- 
mittee of the Whole, 

Which motion Prevailed. 

Mr. Cooch moved that 500 copies of the report be printed, 

Which motion Prevailed. 

Mr. Cooper, on behalf of the Committee on Rules, report- 
ed that they complied with the request of the Convention, and 
moved that the rules be taken up and disposed of seriatim, 

Which motion Prevailed. 

Mr. Saulsbury moved that the Secretary read the rules 
and the President state if no objections be made the rules as 
read shall be adopted, 

Which motion Prevailed. 

The Secretary proceeded with the reading of the rules as 
called for by the President, as follows : 

Rule 1. — Every member shall be in his place at the time 
to which the Convention stands adjourned. 

This rule was read. There being no objections it was de- 
clared adopted as read. 

Rule 2. — Every day before the Convention proceeds to 
other business, the Chaplain shall offer prayer and the Secre- 



38 

tary shall call the names of the members in alphabetical order 
and read the journal of the previous session, which latter shall 
be corrected if necessary and adopted. 

This rule was read. There being no objections it was 
declared adopted. 

Rule 3. — Every motion, and (except motion for adjourn- 
ment) the name of the member moving the same, on which a 
vote is taken, shall be entered on the journal. 

This rule was read. There being no objections it was 
declared adopted as read. 

Rule 4. — Xo member shall be allowed to speak upon any 
subject more than twice, except in explanation, without leave 
obtained through the President, and no member shall inter- 
rupt another while speaking, unless on points of order, and 
then only by permission of the President. 

This rule was read. Mr. Bradford moved to amend it by 
adding, "Provided that this rule shall not be applicable to the 
Committee of the Whole,'' 

Which motion Prevailed. 

And Rule 4 as amended was then declared adopted as 
read and amended. 

Rule 5. — All motions shall be subject to debate except mo- 
tions to adjourn, to lay on the table, and for the previous 

question. 

This rule was read. There being no objections it was 
declared adopted as read. 

Rule 6. — All motions and resolutions except for the read- 
ing of reports, adjournments, to refer, or to postpone shall, 
if requested by the President or any member, be reduced to 
writing by the mover thereof, and. if seconded, shall be re- 
peated by the President before any debate or decision is had 
thereon. 

This rule was read. There being no objections it was de- 
clared adopted as read. 



39 

Rule 7. — Questions of order shall be determined by the 
President, without debate, from whose decision, however, an 
appeal may be had to the Convention at the request of three 
members. 

This rule was read. There being no objections it was 
declared adopted as read. 

Rule 8. — Petitions, memorials and all other papers ad- 
dressed to the Convention, shall be presented by the Presi- 
ident, or a member, who shall briefly state the contents thereof 
without reading, unless called for by the Convention. 

This rule was read. There being no objections it was 
declared adopted as read. 

Rule 9. — All committees shall be appointed by the Presi- 
dent unless otherwise ordered by the Convention. 

This rule was read. There being no objections it was 
declared adopted as read. 

Rule 1:0. — Special notice of action on any report of com- 
mittee or other matter pertaining to the special ultimate work 
of the Convention, — i. e., the framing of a new Constitution, — 
shall be given the day preceding that on which said action is 
taken. 

Was read. 

Mr. Saulsbury moved to substitute for Rule 10, by strik- 
ing ail out after the words Rule 10, and inserting in lieu 
thereof the following: 

"Before final action shall be taken on any report of any 
committee, or any other motion pertaining to any proposed 
alteration or amendment to the present Constitution, or to the 
incorporation of any provision in any proposed new Constitu- 
tion, at least three days notice shall be given.'' 

Mr. Spruance moved that further consideration of Rule 
10 and the amendment offered by Mr. Saulsbury be post- 
poned until the next meeting of the Convention, 

Which motion Prevailed. 



4 o 

Rule ii. — A vote of the majority shall prevail, except 
where special rule is had to the contrary. 

This rule, was read. There being no objections it was 
declared adopted as read. 

Rule 12. — Unless otherwise ordered by a majority vote, 
the Convention shall meet every day, in one or more sessions, 
as may be necessary — Sunday excepted — at eleveVi o'clock in 
the morning, and a majority shall constitute a quorum. 

This rule was read. There being no objections it was 
declared adopted as read. 

Rule 13. — The rules of parliamentary practice as con- 
tained in "Cushing's Manual" shall govern this Convention 
wdienever and wherever applicable, and when not in conflict 
with the standing rules. 

This rule was read. There being no objections it was 
declared adopted as read. 

Rule 14. — The rules of proceeding in the Convention 
shall, as far as applicable, be observed in Committee of the 
Whole. 

This rule was read. Air. Bradford moved that Rule 14 
be stricken out, 

Which motion Was Lost. 

And Rule 14 was then declared adopted as read. 

Rule 15. — No rule of this Convention shall be changed or 
•suspended except by a vote of two-thirds of the members 
present. 

This rule was read. There being no objections it was 
declared adopted as read. 

Rule 16. — The daily order of business shall be, after the 
-opening service, as follows: 

1. — Calling the roll. 

2. — Reading the journal and its adoption. 



4i 

\ 3 — Reports from standing committees in the order named. 

4. — Reports from special committees. 

5. — Presentation of petitions, memorials, &c. 

6. — Business on the calendar. 

7. — Miscellaneous business. 

The Secretary shall keep a calendar of business on which 
reports from committees, resolutions and other matters un- 
disposed of, indicating the subject of each item, shall be 
placed in the order in which they are presented, a copy of 
which calendar he (Secretary) shall furnish to the President at 
the opening of the first session of each day. The business on 
the calendar shall be taken up and disposed of in the order 
in which it stands thereon, and a vote of two-thirds of the 
members present shall be required to take up any matter out 
of its order on said calendar or to make any matter the order 
of the day for a particular time. 

This rule was read. There being no objections it was 
declared adopted as read. 

Mr. Cooper moved that the rules be now adopted as a 
whole, with the exception of Rule 10, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



42 



Thursday, December 17, i< 

11 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, 
Burris, Cannon, Cavender, Cooch, Dasey, Donahoe, Elle- 
good, Evans, Gilchrist, Hearne, Johnson, Martin, Moore, 
Murray, Orr, Pratt, Richards, Sapp, Saulsbury, Spruance, 
Wright. Mr. President. 

Journal read. 

Rule No. 4 corrected to read, "not to be applicable to 
the Committee of the Whole." 

The Journal was then approved as corrected. 

Mr. Spruance, on behalf of the Committee on Elections, 
submitted a report which he read as follows : 

The Committee on Elections recommend the following 
amendments to the Constitution: 

Strike out the part of the third paragraph of Section I of 
Article IV beginning with the words "And in," and ending 
with the words "any tax," and insert in lieu thereof the 
following: 

"Every male citizen of the United States of the age of 
twenty-one years, who shall have been a citizen for three 
months, and a resident of this State one year next preceding 
an election, and for the last three months a resident of the 
county, and for the last thirty days a resident of the hundred 
or election district in which he may offer to vote, shall be en- 
titled to vote at such election in the hundred or election dis- 
trict of which he shall at the time be a resident, for all officers 



43 

that now are or hereafter may be elective by the people, and 
upon all questions which may be submitted to the vote of the 
people." 

Insert next after Section I of Article IV, the following: 

"Section 2. No person who shall receive, accept, or 
offer to receive, or pay, offer or promise to pay, contribute, 
offer or promise to contribute to another, to be paid or used, 
any money or other valuable thing as a compensation or re- 
ward for the giving or withholding a vote at an election, or 
who shall make any promise to influence the giving or with- 
holding any such vote, or who shall make or become directly 
or indirectly interested in any bet or wager depending upon 
the result of any election, shall vote at such election; and upon 
challenge for any of said causes, the person so challenged, 
before the officers authorized for that purpose shall receive 
his vote, shall swear or affirm, before such officers that he has 
not received or offered, does not expect to receive, has not 
paid, offered or promised to pay, contributed, offered or prom- 
ised to contribute to another, to be paid or used, any money 
or other valuable thing as a compensation or reward for the 
giving or withholding a vote at such election, and has not 
made any promise to influence the giving or withholding of 
any such vote, nor made or become directly or indirectly inter- 
ested in any bet or wager depending upon the result of such 
election." 

Section 3. The General Assembly shall provide by law 
for a uniform registration of the names of all the voters in this 
State who possess the qualifications prescribed in this article, 
which registration shall be conclusive evidence to the election 
officers of the right of every person thus registered to vote at 
any election thereafter held in this State, who is not disquali- 
fied under the provisions of the second section of this article; 
but no person shall vote at any election unless his name ap- 
pears in the list of registered voters. 

Such registration shall be commenced not more than 
ninety days nor less than sixty days before, and be completed 
not more than twenty days nor less than ten days betore such 
election, and applications for registration may he made on at 
least five days during the said period. 



44 

Voters shall be registered upon personal application only, 
and each voter shall at the time of his registration pay a regis- 
tration fee to be fixed by law, not exceeding dollars. 

The registry of voters, made in pursuance hereof, may be 
corrected as shall be provided by law. 

Registration shall not be required for village, town or city 
elections except by express provision of law. 

The existing laws in reference to the registration of vot- 
ers shall continue in force until the General Assembly shall 
otherwise provide." 

Make Section 2 of Article IV, Section 4. 

W. C. SPRUANCE, 
W. T. CAVENDER, 
J. A. ELLEGOOD, 
W. A. CANNON. 

Mr. Spruance moved that the report be referred to the 
Committee of the Whole, 

Which motion Prevailed. 

Air. Spruance moved that the Committee on Printing be 
instructed to have 500 copies of the report printed, 

Which motion Prevailed. 

Mr. Spruance moved that the consideration of Rule 10 
be taken up, 

Which motion Prevailed. 

Mr. Spruance moved to amend the substitute for Rule 10 
as offered by Mr. Saulsbury yesterday as follows : 

"Special notice of a motion for final action upon any pro 
posed amendment or alteration of the Constitution shall be 
given not less than two days prior to such motion." 

Which amendment was accepted by Mr. Saulsbury and 
this amendment was accordingly substituted for that of Mr. 
Saulsburv. 



45 

Mr. Bradford moved that the matter now under consider- 
ation be laid on the table, 

Which motion Prevailed. 

Mr. Cavender offered and read the following resolution: 

''Resolved, That all resolutions, reports of committees, 
proposed amendments to the Constitution ordered to be print- 
ed by this Convention, shall, when so printed, be delivered to 
the Secretary of this Convention and by him divided equally 
among the members of this Convention. 

And further, on his motion, the resolution was adopted. 
Mr. Bradford offered the following resolution, which, on 
his motion, was. read: 

"Resolved, That the American flag be raised and kept 
raised above the State House during the sessions of this Con- 
vention. 

And further, on his motion, the resolution was adopted. 

Mr. Evans presented a bill of Guyer & Hardesty, Steno- 
graphers, for $163.40 for two weeks' Convention work. 

And further, on his motion, the bill was referred to the 
Committee on Accounts. 

Mr. Saulsbury moved that the Convention now take a 
recess until 4 o'clock, p. m., 

. Which motion Prevailed. 



4 6 



Same Day, 4 o'clock, p. m. 

Convention reassembled. 

Owing to the absence of the President, the Convention 
was called to order by the Secretary. 

Mr. Evans moved that Air. Cooch be elected President 
pro tempore, 

Which motion Prevailed. 

Mr. Saulsbury, on behalf of the Committee on Accounts, 
submitted the following report: 

The Committee on Accounts, to whom were referred bills 
of Thomas M. Gooden, Postmaster of Dover, for $72.58; of 
The Argus Company, of Albany, N. Y., for $50.00, and of 
Guyer & Hardesty, for $163.40, respectfully reports that said 
bills have been examined and found correct, and the Commit- 
tee recommends the adoption by the Convention of the fol- 
lowing resolution : 

"Resolved, That the following bills in part payment of 
the contingent expenses of the Convention be allowed, and the 
presiding member be authorized to draw appropriate orders 
for the payment of the same: 

Thomas M. Gooden, Postmaster, $ 72.58. 

The Argus Company, 50.00. 

Guyer & Hardesty, 163.40. 

Mr. Evans moved that the bills be accepted and ordered 
paid, 

Which motion Prevailed. 

Mr. Bradford moved that when this Convention adjourn, 
it will be to meet on Monday the 4th day of January, 1897, 
at 11 o'clock a. m. 



47 

Mr, Martin moved to amend by inserting Monday, De- 
cember 28, 1896, 

Which amendment was Lost. 

Recurring to the original motion it prevailed. 

Mr. Dasey moved that at the request of the chairmen the 
standing and special committees meet during the adjournment 
period, 

Which motion Prevailed. 

Mr. Evans, on behalf of the committee on stenographer, 
moved that the present arrangement with Messrs. Guyer and 
Hardesty be continued for the week commencing January 4, 
1897, 

Which motion Prevailed. 

Mr. Richards moved that the Secretary be directed to 
send to each member one dozen copies of the report of the 
Committee on Elections, 

Which motion Prevailed. 

Mr. Evans presented a bill of $2.10 from Adams Express 
Company, and, further, on his motion, it was referred to the 
Committee on Accounts. 

Motion to adjourn prevailed. 



4 8 



Monday, January 4, 1897. 
11 o'clock, a. m. 

Convention met pursuant to adjournment and was called 
to order by the Secretary. 

Mr.' Dasey moved that J. Wilkins Cooch act as President 
pro tempore, 

Which motion Prevailed. 

Prayer by the Chaplain. 

Roll called. Members present: — Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Donahoe, Ellegood, Evans, Gilchrist, Harman, Hearne, 
Hering, Johnson, Martin, Moore, Murray, Pratt, Richards, 
vSapp, Saulsbury, Smithers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Donahoe, on behalf of the committee on place of 
meeting, reported progress, by furnishing this room tempo- 
rarily until the new desks could be completed, as being the 
best they could possibly do. 

Mr. Donahoe moved that the Convention take charge of 
the ante room, adjoining this room, for use as a cloak room, 
and that the Sergeant-at Arms be authorized to take charge of 
the same, 

Which motion Prevailed. 

Mr. Ellegood moved that the committee now furnishing 
the room be further instructed to purchase a clock for use of 
the Convention, 

Which motion Prevailed. 

Mr. Richards moved to adjourn until 2 o'clock, p. m., 

Which motion Prevailed. 



49 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Bradford, on behalf of the Committee on Securing 
the Purity of the Ballot, submitted the following report, which,., 
upon his motion, was read, viz: 

First report of the Committee on Securing the Purity of 
the Ballot: 

The Committee on Securing the Purity of the Ballot rec- 
ommend the adoption of the following as sections in the Con- 
stitution of Delaware, to be inserted under an appropriate 
title: 

Section i. Every person who shall receive or accept, or 
offer to receive or accept, or shall pay, transfer or deliver, or 
offer or promise to pay, transfer or deliver, or shall contribute, 
or offer or promise to contribute, to another to be paid or 
used, any money or other valuable thing as a compensation, 
inducement or reward for the giving or withholding or in any 
manner influencing the giving or withholding a vote at any 
general, special, or municipal election in this State, or who 
shall make or become directly or indirectly a party to any bet 
or wager depending upon the result of any such election, or 
who shall by the use or promise of any money or other val- 
uable thing or otherwise cause any officer of election or regis- 
tration officer to violate his official duty, or who, being an 
officer of election or registration officer, shall knowingly and 
wilfully violate his official duty, shall be deemed guilty of a 
misdemeanor and shall be fined not less than one hundred 
dollars nor more than five thousand dollars, or shall be im- 
prisoned for a term not less than six months nor more than 
five years, or shall suffer both fine and imprisonment within 
said limits, at the discretion of the court, and, if a male, shall 
further for a term of ten years next following his sentence be 
4—o 



5o 

incapable of voting at any such election. No person, other 
than the accused, shall in the prosecution for any offence men- 
tioned in this section be permitted to withhold his testimony 
on the ground that it may criminate himself or subject him 
to public infamy; but such testimony shall not afterwards be 
used against him in any judicial proceeding, except for per- 
jury in giving such testimony. 

Section 2. Every prosecution for any of the offences 
mentioned in Section 1 of this Article shall be on informa- 
tion filed by the Attorney General, and the cause shall be 
lieard, tried and determined by the court without the interven- 
tion of either a grand jury or a petit jury. The accused, if 
adjudged guilty of the offence charged against him, shall have 
the right at any time within the space of three calendar months 
next after sentence pronounced to an appeal to the Court of 
Errors and Appeals. The court below, or any judge there- 
of, in term time or vacation, shall upon application by the ac- 
cused allow such appeal ; but such appeal shall not operate as a 
supersedeas, unless the appellant shall at the time of the allow- 
ance thereof give an appeal bond to the State of Delaware in 
such amount and with such surety as shall be approved by 
such court or judge. 

On such appeal the Court of Errors and Appeals shall, 
■with all convenient speed, review the evidence adduced in the 
cause in the court below, as well as the other proceedings 
therein and the law applicable thereto, and give final judgment 
accordingly, either affirming or reversing the judgment below. 
If the appellant shall fail to prosecute his appeal pursuant to 
the rules and practice hereinafter provided for, the Court of 
Errors and Appeals shall affirm the judgment of the court be- 
low. Where the sentence in the court below includes a term 
of imprisonment and an appeal bond is given and approved 
in manner aforesaid, the Court of Errors and x\ppeals, if it 
affirm the judgment below, shall sentence the appellant to a 
term of imprisonment equal to that imposed by the court be- 
low after deducting therefrom a period equal to the time of 
imprisonment, if any, already suffered by him under the sen- 
tence of the court below. The surety or sureties in any ap- 
peal bond given under the provisions of this section shall have 



5i 

the right, at any time after its approval and until final judg- 
ment shall be rendered by the Court of Errors and Appeals, 
and, in case the judgment of the court below shall be affirmed, 
until the expiration of the space of thirty days next following 
such affirmance, to take, wherever found, and render the ap- 
pellant to the sheriff of the proper county ; and a certified copy 
of the appeal bond shall be the sufficient warrant for such 
surety or sureties for such taking and rendering. 

All the judges entitled to sit in the Court of Errors and 
Appeals shall, as soon as conveniently may be, meet at the 
usual place of sitting of said court, and they, or a majority of 
them, shall adopt rules prescribing the forms and conditions 
of appeal bonds to be used under the provisions of this section, 
and the manner of certifying copies thereof; providing for 
the printing or reduction to writing of all oral evidence in the 
cause in the court below and of the opinion of said court, for 
the certification of the same when so printed or reduced to 
writing and of copies thereof, for the copying and certification 
of all documents ry or other written or printed evidence in the 
cause in the court below and of the record therein; for the 
transmission to the Court of Errors and Appeals of such cer- 
tified copies of such record, and of all the evidence adduced in 
the court below and of the opinion of said court; for the trans- 
mission to the court below of a certified copy of the final judg- 
ment of the Court of Errors and Appeals and of any addition- 
al sentence pronounced by said court, for the discharge of 
sureties in appeal bonds, and for the framing, issuance, service 
and enforcement of all process and rules necessary to give full 
effect to the provisions of this section; and regulating general- 
ly the practice and procedure of the Court of Errors and Ap- 
peals and the court below in cases of appeal under this section. 
From time to time hereafter whenever a majority of all the 
judges entitled to sit in the Court of Errors and Appeals shall 
so request, all of the judges so entitled shall, as soon as con- 
veniently may be, meet at the usual place of sitting of said 
court; and they, or a majority of them, shall have power to re- 
vise, amend, add to or annul any rule or rules theretofore 
adopted touching forms, practice or procedure in eases of ap- 
peal under this section in such manner and to such extent as 



52 

in their judgment shall best serve to effectuate the purposes 
hereof. 

EDWARD G. BRADFORD, 
CHARLES B. EVANS, 
PARIS T. CARLISLE, JR., 
ISAAC K. WRIGHT, 
E. W. COOPER, 
ROBERT W. DASEY. 

Mr. Bradford moved that the report be laid on the table, 
and that the Committee on Printing have 500 copies of the 
same printed, 

W T hich motion Prevailed. 

Mr. Smithers, on behalf of himself and Messrs. Clark, 
Carlisle and Plering, stated the reasons for absenting them- 
selves from the Convention until the present time. 

Mr. Clark moved that the remarks of Mr. Smithers be 
spread on the journal. 

Mr. Martin moved that they be laid on the table, 
Which motion Was Lost. 

Recurring to the original motion, the yeas and nays were 
ordered, which, being taken, were as follows: 

Yeas. — Messrs. Carlisle, Clark, Hering, Smithers. 

Nays. — Messrs. Bradford, Burris, Cannon, Cavender, 
Cooch, Cooper, Dasey, Donahoe, Ellegood, Evans, Gilchrist, 
Harman, Hearne, Johnson, Martin, Moore, Pratt, Richards, 
Sapp, Spruance, Wright, Mr. President. 

Yeas, 4; nays, 21. 

So the question was decided in the negative and the 
motion 

Was Lost 

Mr. Cooper moved to take up Rule 10, 



53 

Which motion Prevailed. 

The Secretary, being directed by the President, read Rule 
10 and amendments, and upon the motion being put, Rule 10 
as amended by Mr. Spruance, 

Was Adopted. 

Mr. Cooper moved that the Secretary be directed to have 
ioo copies printed in small pamphlet form, containing a list 
of members and officers, all standing and special committees 
now appointed, and the rules as adopted, 

Which motion Prevailed. 

Mr. Cooper moved that a committee of six members be 
appointed on the Bill of Rights, 

Which motion Prevailed. 

Mr. Gilchrist moved that the Committee on Education be 
increased to six members, and to be known as a standing in- 
stead of a special committee, 

Which motion Prevailed. 

Mr. Ellegood moved that the Committee on Manufacture 
and Sale of Intoxicating Liquors be increased to eight mem- 
bers, 

Which motion Prevailed. 

Mr. Donahoe moved that there be ten sets of the Consti- 
tution of the State of New York, of 1894, and the debates on 
the same procured for the use of this Convention. 

Mr. Saulsbury moved to amend by authorizing the Secre- 
tary to purchase a copy of the Constitution of the State of 
New York of 1894 for each member, 

Which amendment was accepted by Mr. Donahoe. 

And the motion, as amended, Prevailed. 

Mr. Pratt moved that the Convention have 100 copies oi 
the Constitution of 1852-3 printed for the use of the members. 



54 

Mr. Pratt also moved that this matter be referred to the 
Committee on Printing, to ascertain the cost of ioo copies, 
also 500 copies, 

Which motion Prevailed. 

Mr. Cavender submitted the following resolution, which, 
upon his motion, was read, viz: 

Resolved, That the Chairman of the Judiciary Commit- 
tee, after having conferred with the chairmen of the respec- 
tive standing committees, be and he is hereby authorized and 
empowered to arrange a schedule for meetings of the various 
committees and advance the business of the Convention, 

Air. Spruance submitted and read the following resolu- 
tion as an amendment: 

Resolved, That the chairmen of the respective commit- 
tees be requested to confer with a view to such an arrange- 
ment of the meetings of said committees as will avoid conflict 
and advance the business of the Convention. 

Which amendment was accepted by Mr. Cavender. 

And the resolution, as amended, Was Adopted. 

Mr. Evans, on behalf of the Committee on Printing, re- 
ported that 100 copies of the Constitution of 1852-3 can be 
had for $30.00, or 500 copies for $35.00. 

Mr. Richards moved that the Committee on Printing be 
authorized and directed to have 500 copies of the Constitution 
of 1852-3 printed for this Convention, 

Which motion Prevailed. 

Air. Donahoe moved that the committee on furnishing 
the room procure a water cooler, 

Which motion Prevailed. 

Mr. Saulsbury moved that the Sergeant-at Arms procure 
ice daily for use in the cooler, 

Which motion Prevailed. 



55 

Mr, Donahoe moved that the desks now in the hall be re- 
tained for the permanent use of the Convention. 

Mr. Hearne moved that this motion be laid on the table,. 

Which motion Prevailed. 

Mr. Spruance moved that the Convention resolve itself 
now into a Committee of the Whole to consider the report of 
the Committee on the Governor and Other Executive 
Officers, 

Which motion Prevailed. 

The President thereupon vacated the chair, and called 
Mr. Evans to the same. 

The members of the Convention then proceeded as a 
Committee of the Whole to consider the report made by the 
standing- Committee on the Governor and Other Executive 
Officers. 

Mr. Evans, as Chairman of the Committee of the Whole,, 
was instructed to report to the Convention that they had had 
under consideration the report of the standing Committee on. 
the Governor and Other Executive Officers, and to report 
progress to the Convention and ask leave to sit again. 

The Committee of theWhole then rose, and upon the 
President taking the chair, Mr. Evans reported that the Com- 
mittee of the Whole have, according to order, had under con- 
sideration the report of the standing Commmittee on the Gov- 
ernor and Other Executive Officers, and have made some 
progress therein, but not having had time to go through with 
the same have directed him to ask leave for that committee to 
sit again. 

Mr. Spruance moved that the Committee of the Whole be 
given leave to sit again, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



56 



Tuesday, January 5, 1897. 
11 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford,Bur- 
ris, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Ellegood, Evans, Gilchrist, Harman, Hearne, Horsey, Her- 
ing, Johnson, Martin, Moore, Orr, Pratt, Richards, Sapp, 
Saulsbury, Smithers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Dasey, on behalf of the committee on invitation to 
the privilege of the floor, reported that they have performed 
the duties required of them. 

Mr. Saulsbury moved that the report be accepted and the 
committee discharged, 

Which motion Prevailed. 

Air. Gilchrist submitted the following communication 
from "The Xational League for the Protection of American 
Institutions," which, upon his motion, was read, viz: 

New York, Dec. 9, 1896. 
Hon. James B. Gilchrist, Dover, Delaware, 

Dear Sir: — The Managers of the Xational League for 
the Protection ofAmerican Institutions take the liberty of for- 
warding to you the inclosed documents, which will advise you 
of the principles we advocate. 

We desire especially to call your attention to our proposed 
form of XYI Amendment to the United States Constitution, 
which is now before Congress, and reads as follows: 



57 

''Neither Congress nor any State shall pass any law re- 
specting an establishment of religion, or prohibiting the free 
exercise thereof, or use the property or credit of the United 
States, or of any State, or any money raised by taxation, or 
authorize either to be used, for the purpose of founding, main- 
taining, or aiding, by appropriation, payment for services, 
expenses, or otherwise, any church, religious denomination 
or religious society, or any institution, society, or undertaking, 
which is wholly, or in part, under sectarian or ecclesiastical 
control." 

We would most respectfully urge that it is of vital impor- 
tance that the principles embodied in this proposed Amend- 
ment should find expression in the organic law of every State. 

Twenty-six State Constitutions now contain provisions 
substantially in harmony with these principles, and we earn- 
estly believe that it will be both wise and patriotic that you 
should, in the Constitution that you are now preparing for 
Delaware, provide for and protect the American Free Com- 
mon School, and prohibit all sectarian appropriations. 

The organization in whose behalf we have the honor of 
making this appeal is entirely open in its work, thoroughly 
non-partisan and un-sectarian in character, and has the confi- 
dence and endorsement of the most thoughtful citizens in ev- 
ery State of the Union. 

A formal Memorial has been mailed to the President of 
the Convention, and we urgently plead for your favorable con- 
sideration and action. 

Respectfully, 

JAMES M. KING, General Secretary. 

For the National League for the Protection of American 
Institutions. 

Mr. Moore moved that the communication be referred to 
the Committee on Education, 

Which motion Prevailed. 



58 

Mr. Hearne moved that the Convention now resolve it- 
self into a Committee of the Whole to further consider the re- 
port of the Committee on the Governor and Other Executive 
Officers. 

Permission being asked, and no objection being offered, 
the motion of Air. Hearne was permitted to be withdrawn for 
the present. 

Air. Johnson moved that a stenographic report of the 
Committee of the Whole be not taken. 

Air. Spruance moved that this motion be laid on the table 
for further consideration. 

Permission being asked, and no objection being offered, 
the motion of Air. Spruance was withdrawn. 

Air. Bradford moved that the further consideration of this 
motion be postponed until the afternoon session to-day, 

Which motion Prevailed. 

Air. Evans reported bill of Guyer & Hardesty for the re- 
porting December 16 and 17, 1896, amounting to $60.00, and 
moved that it be referred to the Committee on Accounts, 

Which motion Prevailed. 

Air Hearne renewed his motion to resolve the Convention 
into a Committee of the Whole to further consider the report 
of the Committee on the Governor and Other Executive Of- 
ficers, 

Which motion Prevailed. 

The President thereupon vacated the chair and called Air. 
Burris to the same. 

The members of the Convention then proceeded as a 
Committee of the Whole to further consider the report made 
by the standing Committee on the Governor and Other Ex- 
ecutive Officers. 

Air. Bun is, as Chairman of the Committee of the Whole, 



59 

was instructed to report to the Convention that they had had 
under consideration the report of the Committee on the Gov- 
ernor and Other Executive Officers, and to report progress 
and to ask leave to meet again this afternoon. 

The Committee of the Whole then rose, and upon the 
President taking the chair Mr. Burris reported that the Com- 
mittee of the Whole have, according to order, had under fur- 
ther consideration the report of the standing Committee on 
Governor and Other Executive Officers, and have made some 
further progress therein, but, not having had time to go 
through with the same, have directed him to ask leave to meet 
again this afternoon. 

Mr. Spruance moved that the Committee of the Whole 
be granted leave to meet again this afternoon, 

Which motion Prevailed. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



Same Day, 2 o'clock, p. m. 
Convention met pursuant to adjournment. 

Mr. Saulsbury moved that the Assistant Secretary act as 
Secretary of the Committee of the Whole and take the min- 
utes of their proceedings, 

Which motion Prevailed. 

Mr. Bradford moved that the motion of Mr. Johnson 
this morning: viz. "That a stenographic report o\ the Com- 
mittee of the Whole be not taken" be now taken up, 



6o 

Which motion Prevailed. 

And the President announced the motion of Mr. John- 
son before the Convention. 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Bradford, Cannon, Clark, Cooper, Gil- 
christ, Johnson, Sapp. 

Nays — Messrs. Burris, Cavender, Cooch, Dasey, Elle- 
good, Evans, Harman, Hearne, Martin, Moore, Pratt, Rich- 
ards, Saulsbury, Smithers, Spruance, Wright, Mr. President. 

Yeas, 7; nays, 17. 

So the question was decided in the negative and the mo- 
tion declared lost. 

Mr. Hearne moved that the Convention now resolve it- 
self into a Committee of the Whole, to further consider the re- 
port of the Committee on the Governor and Other Executive 
Officers, 

Which motion Prevailed. 

The President thereupon vacated the chair and called 
Mr. Martin to the same. 

The members of the Convention then proceeded as a 
Committee of the Whole to further consider the report made 
by the standing committee on the Governor and Other Ex- 
ecutive Officers. 

Mr. Martin, as Chairman of the Committee of the Whole, 
was instructed to report to the Convention that they had had 
under consideration the report of the Committee on the Gov- 
ernor and Other Executive Officers, and to report progress, 
and to ask leave to meet again. 

The Committee of the Whole then rose, and, upon the 
President taking the chair, Mr. Martin reported that the Com- 



6i 

mittee of the Whole have, according to order, had under fur- 
ther consideration the report of the standing Committee on the 
Governor and Other Executive Officers, and have made some 
further progress therein, but not having time to go through 
with the same, have directed him to ask leave to meet again. 

Mr. Spruance moved that the Committee of the Whole be 
granted leave to meet again, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



62 



Wednesday, January 6, 1897. 
11 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, 

Burris, Cannon. Carlisle, Cavender, Clark, Cooch, Cooper, 
Dasey, Donahoe, Ellegood, Evans, Gilchrist, Hearne, John- 
son. Martin. Moore, [Murray, Orr, Pratt. Richards, Sapp, 
Saulsbury, Smithers. Spruance. Wright, Mr. President. 

Journal read and approved. 

Mr. Spruance submitted the following resolution, which, 
upon his motion, was read. viz. : 

"Resolved. That the Convention at its afternoon session 
on Wednesday the 13th inst., will give the advocates of Wo- 
man's Suffrage a hearing, not to exceed two hours. 

And further, on his motion, the resolution was adopted. 

The President announced the following committees: 

Special Committee on Manufacture and Sale of Intoxi- 
cating Liquors: 

Messrs. Ellegood, Cannon, Horsey, Hering, Carlisle, 
Donahoe, Sapp, Richards. 

Standing Committee on Education: 

Messrs. Gilchrist, Cooper, Johnson. Wright, Pratt, 
Moore. 

Standing Committee on Bill of Rights: 

Messrs. Cooper, Smithers, Dasey, Cannon, Evans, Burris. 

[Mr. Hearne moved that the Convention now resolve it- 



63 

self into a Committee of the Whole to further consider the re- 
port of the Committee on the Governor and Other Executive 
Officers, 

Which motion Prevailed. 

The President thereupon vacated the chair and called Mr. 
Dasey to the same. 

The members of the Convention then proceeded, as a 
Committee of the Whole, to take into consideration the report 
as directed. After giving Mr. Dasey instruction on his re- 
port to the Convention, it did rise. 

Whereupon the President resumed the chair and Mr. Da- 
sey, as Chairman of the Committee of the Whole, reported for 
the committee that they had had under consideration the 
report of the Committee on the Governor and Other Execu- 
tive Officers and made some further progress therein, but, not 
having had time to go through with the same, have directed 
him to ask leave for the Committee of the Whole to sit again. 

Mr. Cavender moved that the Committee of the Whole 
be granted leave to sit again, 

Which motion Prevailed. 

Motion to adjourn t ntil 2 o'clock, p. m., prevailed. 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Ellegood moved that the Secretary be instructed to 
procure five additional copies of American Constitutions. 

Which motion Prevailed. 

Mr. Cooper moved that the number of the copies of list 



6 4 

of members and officers, standing and special committees, 
and rules, be increased from ioo to 500 copies, 

Which motion Prevailed. 

Mr. Hearne moved that the Convention now resolve itself 
into a Committee of the Whole to further consider the report 
of the Committee on the Governor and Other Executive Of- 
ficers, 

Which motion Prevailed. 

The President thereupon vacated the chair and called Mr. 
Cooch to the same. 

The members of the Convention then proceeded, as 
a Committee of the Whole, to take into consideration the re- 
port as directed. After giving Mr. Cooch instruction on his 
report to the Convention, it did rise. 

Whereupon the President resumed the chair and Mr. 
Cooch, as Chairman of the Committee of the Whole, reported 
for that committee that they had had under consideration the 
report of the Committee on the Governor and Other Execu- 
tive Offcers, and made some further progress therein, but, not 
having time to go through with the same, have directed him 
to ask leave for the Committee of the Whole to sit again. 

Mr. Cavender moved that the Committee of the Whole 
be granted leave to sit again, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



65 



Thursday, January 7, 1897. 
11 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Can- 
non, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, Dona- 
hoe, Ellegood, Evans, Gilchrist, Hearne, Hering, Johnson, 
Martin, Moore, Murray, Pratt, Richards, Sapp, Saulsbury, 
Smith ers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Hearne, on behalf of the Committee on the Governor 
and Other Executive Officers, made the following supplemen- 
tary report: 

Second report of the Committee on the Governor and 
Other Executive Officers: 

The Committee on the Governor and Other Executive 
Officers recommend the following amendments to the Con- 
stitution : 

1. A Lieutenant Governor shall be elected at the same 
time and for the same term as the Governor; he shall possess 
the same qualifications of eligibility for the office as the Gov- 
ernor, and he shall be President of the Senate, but shall have 
no vote unless the Senate be equally divided. 

Upon any vacancy happening in the office of Governor 
by his death, removal, resignation, or inability, the Lieutenant 
Governor shall exercise the office during the residue of the 
term, or until the disability shall cease. 

The Lieutenant Governor shall receive for his services 

the same compensation as shall be provided by law for the 

Speaker of the House of Representatives. 
5— c 



66 

2. The following State officers shall be elected by the 
people of the State: 

Attorney General. 

State Treasurer. 

Auditor. 

Insurance Commissioner. 

3. The following county officers shall be elected by the 
people of the respective counties: 

Prothonotary. 

Clerk of the Peace. 

Register of Wills. 

Recorder of Deeds. 

Register in Chancery and Clerk of the Orphans' Court. 

4. All fees received by the Sheriffs and other county offi- 
cers in excess of dollars shall be paid to the County 

Treasurer for the use of the county. 

EDWARD D. HEARNE, 
WILLIAM A. CANNON, 
E. W. COOPER, 
W. T. SMITHERS, 
A. L. JOHNSON, 
W. C. SPRUANCE. 

And further, on Mr. Hearne's motion, it was received. 

Mr. Cooch moved that 500 copies of the report be printed, 

Which motion Prevailed. 

Mr. Ellegood moved to ask Mr. F. E. Bach to assist the 
Assistant Secretary to-day, 

Which motion Prevailed. 

Mr. Cavender offered the following resolution, which, 
on his motion, was read, viz: 



6 7 

Resolved, That hereafter when this Convention is in 
Committee of the Whole, no member shall be permitted, with- 
out leave, to speak more than fifteen minutes at any one time, 
nor more than twice upon the same proposition. 

Mr. Sapp moved to amend by striking out the words 
"fifteen minutes" and inserting in lieu thereof the words "ten 
minutes." 

Mr. Cavender moved that the resolution with amendment 
be laid on the table, 

' Which motion Prevailed. 

Mr. Hering moved that the Committee on Manufacture 
and Sale of Intoxicating Liquors be increased to twelve mem- 
bers, to consist of equal numbers from each county, 

Which motion Prevailed. 

Mr. Martin moved to adjourn until 2 o'clock, p. m. 

The motion was withdrawn. 

Mr. Hearne moved that the Convention now resolve itself 
into a Committee of the Whole, to consider the supple- 
mentary report this morning by the Committee on the Gov- 
ernor and Other Executive Officers, 

Which motion Prevailed. 

The President thereupon vacated the chair and called Mr. 
Saulsbury to the same. 

The members of the Convention then proceeded, as a 
Committee of the Whole, to take into consideration the report 
as directed. After giving Mr. Saulsbury instructions on his 
report to the Convention, it did rise. 

Whereupon the President resumed the chair and Mr. 
Saulsbury, on behalf of the Committee of the Whole, reported 
that they had had under consideration the supplementary re- 
port of the Committee on the Governor and Other Executive 
Officers and made some progress therein, but, not having time 
to go through with the same, have directed him to ask leave to 



68 

Mr. Richards moved that the request of the Committee of 
the Whole to sit again be granted, 

Which motion Prevailed. 

[Motion to adjourn until 3 o'clock, p. m., prevailed. 



Same Day, 3 o'clock, p. m. 

The Convention met pursuant to adjournment. 

The Chair announced the following as special Committee 
on the Manufacture and Sale of Intoxicating Liquors : 

Messrs. Ellegood, Cannon, Horsey, Richards, Sapp. Her- 
ing, Pratt, Carlisle, Donahoe, Burris, Harman and Moore. 

Air. Spruance moved to reconsider the vote by which 
stenographic reports of proceedings of the Committee of the 
Whole are made, 

Which motion Prevailed. 

[Mr. Bradford offered the following amendment: 

Strike out after the word "resolved" and insert in lieu 
thereof the following: "That no stenographic report of pro- 
ceedings in Committee of the Whole shall be made unless by 
special direction of said committee." 

[Mr. Bradford moved that further consideration of the 
amendment be postponed until to-morrow morning, 

Which motion Prevailed. 

Mr. Spruance moved that the Convention now resolve 
itself into a Committee of the Whole to further consider the 
first report of the Committee on the Governor and Other Ex- 
ecutive Officers, 

Which motion Prevailed. 



6 9 

The President thereupon vacated the chair and called Mr. 
Saulsbury to the same. 

At 5 o'clock the Convention in Committee of the Whole 
rose. 

The President being absent, the Assistant Secretary 
called the Convention to order. 

On motion of Mr. Martin, Mr. Spruance was chosen 
President pro tempore. 

Mr. Saulsbury, as Chairman of the Committee of the 
Whole, reported for the Committee that they had had under 
consideration both reports of the Committee on Governor and 
Other Executive Officers, and report progress and ask leave 
to sit again. 

Mr. Pratt moved that the report be accepted and permis- 
sion be granted to sit again, 

Which motion Prevailed. 

Mr. Evans moved that thirty-five copies of the amend- 
ments offered in the Committee of the Whole by Mr. Bradford 
to the report of the Committee on Governor and Other Exec- 
utive Officers be type written, 

Which motion Prevailed. 

Mr. Ellegood moved to adjourn until to-morrow morning 
at ii o'clock. 

Mr. Martin moved to amend by striking out the word "to- 
morrow"and inserting in lieu thereof the word "Monday," 

Which motion Was Lost. 

Recurring to Mr. Ellegood 's motion it prevailed, and the 
Convention adjourned. 






7o 



Friday, January 8, 1897, 
11 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Cavender, Cooper, Dasey, Donahoe, Ellegood, 
Gilchrist, Harman, Hearne, Hering, Johnson, Martin, Moore, 
Pratt, Richards, Sapp, Saulsbury, Smithers, Spruance, Wright, 
Mr. President. 

Journal read and approved. 

Mr. Saulsbury moved that the Assistant Secretary be au- 
thorized to procure such assistance as he may need during the 
absence of the Secretary, 

Which motion Prevailed. 

Mr. Johnson offered the following resolution, which he 
read: 

Resolved, That the Committee on Stenographer be and 
is hereby requested to present to this Convention on Monday 
morning next, or as soon thereafter as practicable, a statement 
of the cost of the stenographic report of the proceedings of this 
Convention during December ult; also a separate item cover- 
ing the expenses of like work for the present week, 

And further, on his motion, the resolution was adopted. 

Mr. Ellegood moved to continue the services of the sten- 
ographers for next week, 

Which motion Prevailed. 



7i 

On motion of Mr. Spruance, the Convention resolved 
itself into a Committee of the Whole to consider the first re- 
port of the Committee on Elections, 

Mr. Moore in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Moore re- 
ported that the committee, having had under consideration 
the report of the Committee on Elections, report progress and 
ask leave to sit again. 

Mr. Bradford moved that the report be received and per- 
mission granted to sit again, 

Which motion Prevailed. 

Mr. Saulsbury moved that the Assistant Secretary be di- 
rected to have thirty-five copies of the amendments offered in 
the Committee of the Whole type written, 

Which motion Prevailed. 

Motion to adjourn to 2 o'clock, p. m., prevailed. 



Same day, 2 o'clock p. m. 
Convention met pursuant to adjournment. 

Mr. Bradford moved that when thisConvention adjourn it 
be to meet at 4.30 o'clock, p. m., Monday, 

Which motion Prevailed. 

On motion of Mr. Bradford, the Convention resolved 
itself into a Committee of the Whole to consider the first report 
of the Committee on Elections, 



7 2 

Mr. Moore in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Moore re- 
ported that the committee, having had under consideration 
the first report of the Committee on Elections, report progress 
and ask leave to sit again. 

Mr. Martin moved that leave be granted the committee 
to sit again, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



73 



Monday, January n, 1897. 
4.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Clark, Cooch, Ellegood, Gilchrist, Hearne, Horsey, Mar- 
tin, Moore, Murray , Sapp, Saulsbury, Smithers, Spruance, 
Wright, Mr. President. 

Journal read and approved. 

Mr. Ellegood presented a bill from Arthur Hutchins of 
$3.15 for type writing, 

And further, on his motion, it was referred to the Com- 
mittee on Accounts. 

Motion to adjourn prevailed. 



74 



Tuesday, January 12, 1897. 
11 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Donahoe, Ellegood, Evans, Gilchrist, Harman, Hearne, Hor- 
sey, Hering, Johnson, Martin, Moore, Murray, Orr, Pratt, 
Richards, Saulsbury, Smithers, Spruance, Mr. President. 

Journal read and approved. 

Mr. Cooch presented the following bills: 

T. & J. W. Johnson & Co., 32 N. Y. Constitutions, $48.00. 

The Argus Company, 5 Sets American Constitutions. .$25.00 

Which, upon his motion, were referred to the Committee 
on Accounts. 

On motion of Mr. Cannon, the Convention resolved 
itself into a Committee of the Whole for the consideration of 
the second report of the Committee on the Governor and 
Other Executive Officers, 

Mr. Martin in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Mr. Martin re- 
ported that the Committee of the Whole, having had under 
consideration the second report of the Committee on the Gov- 
ernor and Other Executive Officers, report progress and ask 
leave to sit again. 

Mr. Richards moved that the report be received and the 
Committee of the Whole be granted leave to sit again, 



75 

Which motion Prevailed. 

Motion to adjourn until 3 o'clock this afternoon pre- 
vailed. 



Same Day, 3 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Spruance moved that the Convention now take a re- 
cess until 5 o'clock, 

Which motion Prevailed. 



Same Day, 5 o'clock, p. m. 

Convention reconvened. 

Mr. Bradford moved that we use the desks with which 
the room is now furnished, and that the necessary locks be 
placed on them. 

Mr. Spruance moved to amend by directing the committee 
to proceed to put locks on the new desks and place them in 
the room, 

Which amendment Prevailed. 

Recurring to the original motion as amended, it pre- 
vailed. 

Motion to adjourn prevailed. 



7 6 



Wednesday, January 13, 1897. 
11 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Can- 
non, Carlisle .Cavender, Clark, Cooch, Cooper, Dasey, Dona- 
hoe, Ellegood, Evans, Gilchrist, Harman, Hearne, Horsey, 
Hering. Johnson, Martin, Moore, Murray, Pratt, Richards, 
Sapp, Saulsbury, Smithers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Horsey presented a petition from Little Creek hun- 
dred, which, upon motion of Mr. Pratt, was read. 

Mr. Horsey moved that the petition be referred to the 
Committee on Manufacture and Sale of Intoxicating Liquors, 

Which motion Prevailed. 

Mr. Dasey moved that the Convention meet in the future 
at 10.30 a. m., instead of 11 o'clock, 

Which motion Prevailed. 

On motion of Mr. Hearne, the Convention resolved itself 
into a Committee of the Whole for the consideration of the sec- 
ond report of the Committee on the Governor and Other Ex- 
ecutive Officers, 

Mr. Saulsbury in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Mr. Saulsbury re- 
ported that the Committee of the Whole, having had under 



77 

consideration the second report of the Committee on the Gov- 
ernor and Other Executive Officers, report progress and ask 
leave to sit again. 

Mr. Cavender moved that the report be accepted and the 
Committee of the Whole be permitted to sit again, 

Which motion Prevailed. 

Motion to adjourn to 2 o'clock, p. m., prevailed. 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

The special order of the day, being a hearing of the State 
Equal Suffrage Association, was taken up. 

When the hearing was concluded, Mr. Spruance offered 
and read the following resolution: 

Resolved, That the thanks of the Convention are tendered 
to the ladies who this afternoon have presented, with great 
propriety, eloquence and power, the cause of Woman's Suf- 
frage, 

And further, on his motion, the resolution was adopted. 

Mr. Hearne moved that the ladies present have the priv- 
ilege of the floor during the remainder of this afternoon's 
session, 

Which motion Prevailed. 

On motion of Mr. Hearne, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 



73 

and second reports of the Committee on the Governor and 
Other Executive Officers, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 
consideration the first and second reports of the Committee 
on the Governor and Other Executive Officers, report pro- 
gress and ask leave to sit again. 

Mr. Martin moved that the report be accepted and the 
Committee of the Whole be permitted to sit again, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



79 



- 



Thursday, January 14, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. Vaughan S. Collins. 

Roll called. Members present: Messrs. Bradford, Can- 
non, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, Dona- 
hoe, Ellegood, Evans, Gilchrist, Harman, Hearne, Horsey, 
Hering, Johnson, Martin, Moore, Murray, Orr, Pratt, Rich- 
ards, Sapp, Saulsbury, Smithers, Spruance, Wright, Mr. 
President. 

Journal read and approved. 

Mr. Johnson presented a petition from twenty-four Chris- 
tian Churches, signed by 1814 individuals, praying for relief 
from the licensed liquor traffic; 

Also, a petition from the Wilmington Preachers' Meeting, 
praying for relief from the licensed liquor traffic, 

Which petitions were, upon his motion, referred to the 
Committee on Manufacture and Sale of Intoxicating Liquors. 

Mr. Dasey offered the following resolution, which, upon 
his motion, was read, viz: 

Resolved, That a committee of six be appointed by the 
President of this Convention to confer and co-operate with 
other Committees on Inauguration of Governor, on Tuesday 
next, January 19, 1897, 

And further, on his motion, the resolution was adopted. 

Mr. Spruance moved that the Sergeant-at-Arms be direc- 
ted during the noon recess to place all the completed new- 
desks in the room, removing the number of old ones necessary, 

Which motion Prevailed. 



8o 

Mr. Bradford moved that the first report of the Committee 
on Securing the Purity of the Ballot be referred to the Com- 
mittee of the Whole, 

Which motion Prevailed. 

On motion of Mr. Bradford, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
report of the Committee on Securing the Purity of the Bal- 
lot, 

Mr. Martin in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Mr. Martin re- 
ported that the Committee of the Whole, having had under 
consideration the first report of the Committee on Securing 
the Purity of the Ballot, report progress and ask leave to sit 
again. 

Mr. Cavender moved to grant the Committee of the 
Whole leave to sit again, 

Which motion Prevailed. 

The President announced the following as a Committee 
on Inauguration of the Governor: 

Messrs. Dasey, Richards, Cooper, Clark, Johnson and 
Spruance. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



8i 



Same Day, 2 o'clock, p. rru 

Convention met pursuant to adjournment. 

Mr. Johnson offered and read the following resolution: 

Be it resolved, That all public officials and contractors for 
public work in this State, whether under State, county or mu- 
nicipal government , for the faithful performance of whose 
duties and obligations a bond may be required, shall give a 
bond of indemnity from such security company of ample cap- 
ital and responsibility as shall be selected or approved by the 
party requiring the surety or its counsel, the expense incurred 
in securing said bond shall be borne by the branch of govern- 
ment requiring and receiving such security. 

And further, on his motion, the resolution was referred 
to the Committee on the Governor and Other Executive 
Officers. 

Mr. Donahoe moved that the Committee on the Judiciary 
shall have the authority to amend their report so that the office 
of Judge of the Municipal Court of the City of Wilmington 
shall be included among the county officers of New T Castle 
county and shall be elected by the people of New Castle 
county. 

Mr. Gilchrist moved to lay the motion on the table, 

Which motion Was Lost. 

Mr. Cavender moved to amend Mr. Donahoe's motion by 
striking out "on the Judiciary" and inserting "on the Gov- 
ernor and Other Executive Officers," 

Which amendment Prevailed. 

Recurring to the original motion, as amended, it was 

Lost. 
6-c 



82 

Mr. Carlisle offered the following resolution, which, upon 
his motion, was read, viz : 

Resolved, That the Superintendent of Free Schools, 
Justices of the Peace, and such other officers as may from 
time to time be established by law, and not otherwise provided 
for, be included among the officers to be elected by the people. 

And further, on his motion, it was referred to the Com- 
mittee on the Governor and Other Executive Officers. 

On motion of Mr. Bradford, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
report of the Committee on Securing the Purity of the Ballot, 

Mr. Martin in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Mr. Martin re- 
ported that the Committee of the Whole, having had under 
consideration the report of the Committee on Securing the 
Purity of the Ballot, report progress and ask leave to sit again. 

Mr. Dasey moved to grant the Committee of the Whole 
leave to sit again, 

Which motion Prevailed. 

Mr. Spruance moved that the Secretary have a type 
written copy of the amendments to the report of the Committee 
on Securing the Purity of the Ballot made for each member of 
the Convention, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



83 



Friday, January 15, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Cavender, Clark, Cooch, Cooper, Dasey, Dona- 
hoe, Ellegood, Evans, Gilchrist, Harman, Hearne, Hoxsey, 
Hering, Johnson, Martin, Moore, Murray, Orr, Pratt, Rich- 
ards, Sapp, Saulsbury, Smithers, Spruance, Wright, Mr. 
President. 

Journal read and approved. 

Mr. Richards moved that the Librarian be instructed to 
place ledges or guards on each desk, 

Which motion Prevailed. 

On motion of Mr. Bradford, the Convention resolved itself 
into Committee of the Whole for the consideration of the re- 
port of the Committee on Securing the Purity of the Ballot, 

Mr. Dasey in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Mr. Dasey re- 
ported that the Committee of the Whole, having had under 
consideration the report of the Committee on Securing the Pu- 
rity of the Ballot, report progress and desire leave to sit again. 

Mr. Cavender moved that the Committee of the Whole 
have leave to sit again, 

Which motion Prevailed. 



8 4 

Mr. Cooch moved that the Committee on Printing have a 
yea and nay book prepared, 

Which motion Prevailed. 

]MJr. Cavender moved that when the Convention adjourn it 
will be to meet Monday at 10.30, a. m., 

Which motion Prevailed. 

Mr. i^vans, on behalf of the Committee on Stenographer, 
reported the cost of the stenographic work up to, but not 
including, Monday, January 11, at $550, and a separate item 
for the last week $334.80. 

Mr. Burris moved that the Convention employ the stenog- 
raphers at the rate that they have proposed, and on the terms 
which we have heretofore had them employed, for the balance 
of the term of the Convention, 

Which motion Prevailed. 

Motion to adjourn prevailed. 












§5 



Monday, January 18, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. Joseph Brown Turner. 

Roll called. Members present: Messrs. Burris, Cannon, 
Carlisle, Cavender, Clark, Cooper, Dasey, Donahoe, Ellegood, 
Horsey, Hering, Johnson, Martin, Moore, Murray, Pratt, 
Richards, Sapp, Smithers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Ellegood presented a communication from the Law 
and Order Society of Wilmington, which, upon his motion, 
was read, 

And further, on his motion, was referred to the Committee 
on Manufacture and Sale of Intoxicating Liquors. 

Mr. Ellegood presented bill of Guyer & Hardesty for 
stenographic work, up to and including January 8, for $330.60, 
which, upon his motion, was referred to the Committee on 
Accounts. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



86 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Ellegood presented a petition from Newark, Del., 
praying for a provision to be incorporated in the new Con- 
stitution conferring referendum, &c. Signed by Mrs. S. D. 
Hill, John S. Stengle and others, which, upon his motion, was 
read, 

And further, on his motion, was referred to the Commit- 
tee on Manufacture and Sale of Intoxicating Liquors. 

Mr. Dasey, on behalf of the Committee on Inauguration, 
reported progress. 

Motion to adjourn prevailed. 



§7 



Tuesday, January 19, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Cavender, Cooch, Cooper, Dasey, Donahoe, 
Ellegood, Evans, Gilchrist, Hearne, Horsey, Hering, Johnson, 
Martin, Moore, Orr, Pratt, Sapp, Saulsbury, Smithers, Wright, 
Mr. President. 

Journal read and approved. 

Mr. Gilchrist moved that a colored delegation, to memo- 
rialize this Convention for an educational provision in the new 
Constitution, be granted a hearing before the Convention for 
one hour in the afternoon on Friday next, 

Which motion Prevailed. 

Mr. Dasey moved that when the Convention adjourn it 
will be to meet to-morrow morning at the usual hour, 

Which motion Prevailed. 

Mr. Saulsbury, on behalf of the Committee on Accounts,, 
reported the following bills as correct: 

Guyer & Hardesty, $ 60.00. 

Thomas M. Gooden, Postmaster, $132.50. 

And further, on his motion, the President was author- 
ized to draw warrants on the State Treasurer in payment of 
said bills. 

Motion to adjourn prevailed. 



88 



Wednesday, January 20, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. Charles I. Stengle. 

Roll called. Members present: Messrs. Bradford, Bur- 
ris, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Donahoe, Ellegood, Evans, Gilchrist, Hearne, Horsey, Her- 
ing, Martin. Moore, Murray, Orr, Pratt, Richards, Sapp, 
Saulsbury, Smith ers, Spruance, Wright, Mr. President. 

Journal read and approved. 

On motion of Mr. Bradford, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
report of the Committee on Securing the Purity of the Ballot, 

Mr. Cavender in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Mr. Cavender re- 
ported that the Committee of the Whole, having had under 
consideration the first report of the Committee on Securing the 
Purity of the Ballot, report progress and ask leave to sit again. 

Mr. Dasey moved that the Committee of the Whole have 
•leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 3 o'clock, p. m., prevailed. 



8 9 



Same Day, 3 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Donahoe presented a communication from the Exec- 
utive Committee of the State Liquor League, 

Which, upon his motion, was referred to the Committee 
on the Manufacture and Sale of Intoxicating Liquors. 

On motion of Mr. Bradford, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
first report of the Committee on Securing the Purity of the 
Ballot, 

Mr. Saulsbury in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Saulsbury re- 
ported that the Committee of the Whole, having had under 
consideration the first report of the Committee on Securing the 
Purity of the Ballot, report progress and desire leave to sit 
again. 

Mr. Dasey moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



go 



Thursday, January 21, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooper, Dasey, Dona- 
hoe, Ellegood, Gilchrist, Hearne, Horsey, Hering, Johnson, 
Martin, Moore, Murray, Orr, Pratt, Richards, Sapp, Sauls- 
bury, Smithers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Saulsbury presented bills from the Adams' Express 
Company amounting to $1.15, 

Which, upon his motion, were referred to the Committee 
on Accounts. 

Mr. Bradford, on behalf of the Committee on Securing the 
Purity of the Ballot, presented the second report, to be known 
as Section 3 and added to the sections already reported, 

Which, upon his motion, was received and read, as fol- 
lows : 

Section 3. The enumeration of the offences mentioned 
in Section 1 of this Article shall not preclude the General As- 
sembly from defining and providing for the punishment of 
other offences against the. freedom and purity of the ballot, or 
touching the conduct, returns or ascertainment of the result of 
general, special or municipal elections, or of primary elections, 



9i 

conventions or meetings held for the nomination of candidates 
to be voted for at general, special or municipal elections. 

EDWARD G. BRADFORD, 
PARIS T. CARLISLE, Jr., 
E. W. COOPER, 
ISAAC K. WRIGHT, 
ROBERT W. DASEY. 

Mr. Bradford moved that Section 3 be referred to the 
Committee of the Whole, 

Which motion Prevailed. 

Mr. Carlisle presented and read a communication from the 
Hon. Thomas B. Coursey, 

Which, upon his motion, was referred to the Committee 
on Securing the Purity of the Ballot. 

Mr. Donahoe presented bills, approved by the Committee 
on Place of Meeting, as follows: 

George W. Benn, $ 4.06 

C. S. Pennewill, 18.35 

William Fisher, 1343 

Harry A. Miller, 240.00 

Lichenstein & Hart, 74.80 

Which, upon his motion, w r ere referred to the Committee 
on Accounts. 

On motion of Mr. Bradford, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
first report of the Committee on Securing the Purity of the 
Ballot, 

Mr. Saulsbury in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Saulsbury 
reported that the Committee of the Whole, having had under 
consideration the first report of the Committee on Securing the 



9 2 

Purity of the Ballot, report farther progress and ask leave to 
sit again. 

Mr. Dasey moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 2.30 p. m., prevailed. 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Spruance presented a communication from the Soci- 
ety of Friends of Wilmington, on the subject of Temperance, 
which, upon his motion, was read, 

And further, on his motion, was referred to the Committee 
on Manufacture and Sale of Intoxicating Liquors. 

Mr. Donahoe presented a bill from Casson, Fisher & Co. 
for $4.50, 

Which, upon his motion, was referred to the Committee 
on Accounts. 

Mr. Saulsbury, on behalf of the Committee on Accounts, 
submitted the following report: 

The Committee on Accounts, to whom were referred sun- 
dry accounts against the State for incidental expenses of the 
Convention, recommends the allowances named in the resolu- 
tion herewith reported : 

Resolved, That the following claims against the State on 
account of the Constitutional Convention be allowed, and the 
President is hereby authorized to draw warrants upon the 
State Treasurer for the payment of the same, as follows : 



93 

H. McDaniel, Agent Adams' Express Co., $ 1.15. 

Arthur Hutchins, type writing, 4-75- 

George W. Benn, 4.06. 

Caleb S. Pennewill, I 8-35. 

William Fisher, !3-43' 

Harry A. Miller, 240.00. 

Lichenstein & Hart, 74.80. 

Guyer & Hardesty, 330.60. 

Mr. Cooper moved that the report be received and the res- 
olution adopted, 

Which motion Prevailed. 

On motion of Air. Bradford, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
first report of the Committee on Securing the Purity of the 
Ballot, 

Mr. Saulsbury in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

Mr. Martin was elected President pro tempore, and Mr. 
Saulsbury reported that the Committee of the Whole, having 
had under consideration the first report of the Committee on 
vSecuring the Purity of the Ballot, report progress and ask 
leave to sit again. 

Mr. Dasey moved that the Committee of the Whole be 
granted leave to sit again, 

Which motion . Prevailed. 

Motion to adjourn prevailed. 



94 



Friday, January 22, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 
Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon. Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Donahoe, Ellegood, Gilchrist, Hearne, Horsey, Hering, John- 
son, Moore, Murray, Orr, Pratt, Richards, Sapp, Saulsbury, 
Smithers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Gilchrist presented two petitions for Equal Suffrage, 
which, upon his motion, were read, 

And further, on his motion, were referred to the Commit- 
tee on Elections. 

Mr. Horsey presented a communication from Stanford L. 
Parker, Chairman of the colored Committee on Education, 
requesting an audience on Tuesday afternoon next, 

And, upon his motion, Wednesday, at 2 o'clock, p. m., 
was made a special order for hearing the colored people. 

On motion of Mr. Bradford, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
first and second reports of the Committee on Securing the Pu- 
rity of the Ballot, 

Mr. Saulsbury in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 



95 

The President resumed the chair, when Mr. Saulsbury 
reported that the Committee of the Whole, having had under 
consideration the reports of the Committee on Securing the 
Purity of the Ballot, report progress and desire leave to sit 
again. 

Mr. Richards moved .that the Committee of the Whole 
have leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 2.30 p. m., prevailed. 



Same Day, 2.30, p. m. 

Convention met pursuant to adjournment. 

Mr. Dasey moved that when this Convention adjourn it 
will be to meet on Tuesday morning at 10.30 o'clock. 

Which motion Prevailed. 

On motion of Mr. Bradford, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
first and second reports of the Committee on Securing the Pu- 
rity of the Ballot, 

Mr. Saulsbury in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

Mr. Cavender was elected President pro tempore. 

Mr. Saulsbury reported that the Committee of the Whole, 
having had under consideration the first and second reports of 



9 6 

the Committee on Securing the Purity of the Ballot, report 
progress and desire leave to sit again. 

Mr. Dasey moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Mr. Bradford moved that the Secretary of the Committee 
of the Whole have 500 copies of the^amended reports of the 
Committee on Securing the Purity of the Ballot printed, 

Which motion Prevailed 

Motion to adjourn prevailed. 



97 



Tuesday, January 26, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. W. L. S. Murray. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Cavender, Clark, Cooch, Cooper, Dasey, Dona- 
hoe, Ellegood, Evans, Gilchrist, Hearne, Horsey, Hering, 
Johnson, Moore, Murray, Orr, Pratt, Richards, Sapp, Sauls- 
bury, Smithers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Pratt, on behalf of the Committee on Corporations, 
presented and read the first report of said committee, as fol- 
lows : 

Report of the Committee on Corporations. 

The Committee on Corporations recommend the follow- 
ing amendments to the Constitution: 

Strike out all of Section 17 of Article II and insert in lieu 
thereof the following : 

Section 1. The term corporations as used in this Article 
shall be construed to include all associations and joint stock 
companies having any of the powers or privileges of corpora- 
tions not possessed by individuals or partnerships. And all 
corporations shall have the right to sue and shall be subject to 
be sued in all courts, in like cases as natural persons. 

Section 2. No corporation in existence at the adoption of 
this Constitution shall have the benefit of future legislation 
without first filing, under the corporate seal of said corpora- 
tion, and duly attested, in the office of the Secretary of State. 
an acceptance of the provisions of this Constitution. 



9 8 

Section 3. All existing charters or grants of special and 
exclusive privileges under which a bona fide organization shall 
not have taken place and business been commenced in good 
faith at the time of the adoption of this Constitution shall 
thereafter be void and of no effect. 

Section 4. Corporations may be formed under general 
laws, but shall not be created by special act. nor shall any ex- 
isting charter be extended, changed or amended by special 
laws, except municipal corporations and corporations for char- 
itable, penal, reformatory, or educational purposes under the 
patronage of the State. 

The General Assembly shall also by general laws provide 
for the revocation or forfeiture of the charters of any or all 
corporations guilty of abuse or misuse of their corporate 
powers, privileges or franchises or whenever said corporations 
"become detrimental to the interests or welfare of the State or 
its citizens. 

Xo corporation, however, under such general law shall 
exercise the franchises thereby conferred until one-fifth of the 
par value of its authorized capital stock shall have been ac- 
tually paid in, in cash. 

Section 5. Xo corporation shall issue stocks or bonds 
-except for money paid, labor done or personal property in 
actual possession, or the fee simple title to real estate actually 
acquired by such corporation, and neither labor nor property 
shall be receh. ed in payment of stock or bonds at a greater 
value than the market price at the time the said labor was done 
or property delivered or title acquired. 

The stock and bonded indebtedness of corporations shall 
not be increased except in pursuance of general law, nor with- 
out the consent of persons holding the larger amount in value 
of the stock, first obtained at a meeting called for the purpose, 
sixtv days public notice thereof having been first given., as may 
t>e provided by law. 

Section 6. Each owner of stock in any private corpora- 
tion to be conducted for pecuniary profit shall be individ- 
ually liable for the debts of such corporation in an amount 



99 

which, together with the real value of the stock owned by him, 
will amount to the full value of such stock, and such addi- 
tional liability as shall be prescribed by law. 

Section 7. No appropriation of the public money shall 
be made to, nor the bonds of this State be issued or loaned to, 
nor shall the credit of the State, by the guarantee or the en- 
dorsement of the bonds or other undertakings of any county, 
municipality or corporation, be pledged otherwise than by 
enactment of the Legislature, receiving the affirmative vote of 
two-thirds of all the members of each branch thereof, and sub- 
sequently approved by a majority of all the votes cast at the 
next general election held after such enactment. 

Section 8. No corporation shall engage in any business 
other than that expressly authorized in its charter or the law 
under which it may have been or may hereafter be organized; 
nor shall it hold any real estate for a longer period than six 
years, except such as may be necessary and proper for carry- 
ing on its legitimate business. 

Section 9. All corporations formed under the laws of 
this State, or carrying on business in this State, shall, at all 
times; have one or more known places of business in this State 
and an authorized agent or agents there upon whom process 
may be executed, and the General Assembly shall enact laws 
to carry into effect the provisions of this section. 

Section 10. No corporation organized outside the limits 
of this State shall be allowed to transact business within the 
State on more favorable conditions than are prescribed by law 
to similar corporations organized under the laws of this State. 

Section n. Any association or corporation, or the 
lessees or managers thereof, organized for the purpose, or any 
individual, shall have the right to construct and maintain lines 
of telegraph within this State, and to connect the same with 
other lines, and said companies shall receive and transmit each 
others messages without unreasonable delay or discrimination, 
and all such companies are hereby declared to be common car- 
riers and subject to legislative control. 

Telephone companies operating exchanges in different 

Lrfft 



IOO 

towns or cities, or other public stations, shall receive and trans- 
mit each others messages without unreasonable delay or 
discrimination. 

The General Assembly shall, by general laws of uniform 
operation, provide reasonable regulations to give full effect to 
this section. 

Nothing herein shall be construed to interfere with the 
rights of cities or towns to arrange and control their streets 
and alleys, and to designate the places at which, and the man- 
ner in which, the wires of such companies shall be erected or 
laid within the limit of such city or town. 

Section 12. The exercise of the police powers of the 
State shall never be abridged or so construed as to permit cor- 
porations to conduct their business in such manner as to in- 
fringe the equal rights of individuals or the general well-being 
of the State. 

Section 13. It shall be the duty of the General Assembly, 
from time to time, as necessity may require it, to enact such 
laws as may be necessary to prevent all corporations, trusts, 
pools, combinations or other organizations, now in existence 
or hereafter to be created under general laws of this State, 
from combining with any other corporation, trust, pool, com- 
bination or other organization of this or any other State, for 
the purpose of depreciating below its real value any article, or 
to enhance the cost of any article above its real value, or for the 
purpose of operating the corporate powers, functions or fran- 
chises conferred upon any such corporation, trust, pool, combi- 
nation or other organization under the name and title which 
the combination effected shall adopt, and to cause all such 
combinations to w r ork the forfeiture of all powers conferred. 

NATHAN PRATT, 
MARTIN B. BURRIS, 
CHARLES F. RICHARDS, 
DAVID S. CLARK, 
ROBERT W. DASEY, 
JOHN P. DONAHOE. 



IOI 

Mr. Richards moved that the report of the Committee on 
Corporations be referred to the Committee of the Whole, 

Which motion Prevailed. 

Mr. Richards moved that the Committee on Printing be 
instructed to have 500 copies of said report printed, 

Which motion Prevailed. 

Mr. Horsey moved that when the Convention adjourn it 
will be to meet at 3.30, p. m., 

Which motion Prevailed. 

Mr. Evans presented bill of Gnyer & Hardesty for 
$293 20; which, upon his motion, was referred to the Com- 
mittee on Accounts. 

On motion of Mr. Hearne, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
and second reports of the Committee on the Governor and 
Other Executive Officers, 

Mr. Saulsbury in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Saulsbury 
reported that the Committee of the Whole, having had under 
consideration the reports of the Committee on the Governor 
and Other Executive Officers, report progress and desire leave 
to sit again. 

Mr. Dasey moved that the Committee of the Whole have 
leave to meet again, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



102 



Same Day, 3.30, p. m. 

Convention met pursuant to adjournment. 

Mr. Saulsbury presented bill of Clarke & McDaniel of 
$1,354.66 for supplies, which, upon his motion, was referred 
to the Committee on Accounts. 

On motion of Mr. Hearne, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
and second reports of the Committee on the Governor and 
Other Executive Officers, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 
consideration the second report of the Committee on the Gov- 
ernor and Other Executive Officers, report progress and ask 
leave to sit again. 

Mr. Dasey moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Mr. Gilchrist further reported that the Committee of 
the Whole, having had under consideration the first report of 
the Committee on the Governor and Other Executive Officers, 
had adopted the same with amendments. 

Mr. Spruance moved that this report be accepted, 



103 

Which motion Prevailed. 

Mr. Spruance moved that the Assistant Secretary have 
500 copies of the same printed. 

Mr. Cooch moved to amend by substituting the Commit- 
tee on Printing, 

Which amendment Prevailed. 

Recurring to the original motion, as amended, it pre- 
vailed. 

Motion to adjourn prevailed. 



io4 



Wednesday, January 27, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Donahoe, Ellegood, Evans, Gilchrist, Harman, Hearne, Hor- 
sey, Hering, Johnson, Moore, Murray, Orr, Pratt, Richards, 
Sapp, Saulsbury, Smithers, Spruance, Wright, Mr. President. 

Journal read and approved. 

On motion of Mr. Hearne, the Convention resolved itself 
into Committee of the Whole for the consideration of the sec- 
ond report of the Committee on the Governor and Other Ex- 
ecutive Officers, 

Mr. Murray in the chair. 

After some time spent therein, the Committee of the 
Whole r6se, 

The President resumed the chair, when Mr. Murray re- 
ported that the Committee of the Whole, having had under 
consideration the second report of the Committee on the Gov- 
ernor and Other Executive Officers, recommend favorably 
the first three sections with sundry amendments, and further 
recommend that Section 4 be recommitted to the Committee 
on the Governor and Other Executive Officers. 

Mr. Saulsbury moved that the report be received and Sec- 
tion 4 be recommitted to the Committee on the Governor and 
Other Executive Officers, 

Which motion Prevailed. 



io5 

Mr. Spruance moved that the Committee on Printing 
have 500 copies of the first three sections, as amended, printed, 

Which motion Was Lost. 

On motion of Mr. Spruance, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
first report of the Committee on Elections, 

Mr. Evans in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Evans re- 
ported that the Committee of the Whole, having had under 
consideration the report of the Committee on Elections, report 
progress and ask leave to sit again. 

Mr. Cavender moved that the Committee of the Whole 
have leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 3.30, p. m., prevailed. 



Same Day, 3.30, p. m. 

Convention met pursuant to adjournment. 

Mr. Saulsbury, from the Committee on Accounts, sub- 
mitted the following report : 

The Committee on Accounts, to whom were referred sun- 
dry claims mentioned in the resolution herewith reported, has 
examined and considered the same, and recommends the adop- 
tion of the following resolution: 

Resolved, That sundry claims on account of the current 
expenses of the Convention be allowed as follows, and the 



io6 

President of the Convention is hereby authorized to draw war- 
rants upon the State Treasurer for the payment of the same, 
to-wit : 

Casson, Fisher & Co., for carpet $ 4.50. 

T. & J. W. Johnson & Co., for Parker's N. Y. Consti- 
tutions, 48.00 

The Argus Company, for American Constitutions,. . . . 25.00. 

Guyer & Hardesty, for stenographic reports, 293.20. 

Clarke & McDaniel, for stationery, supplies, &c.,. . . .1354.66. 

Mr. Spruance submitted and read the following resolu- 
tion: 

Resolved, That so much of the report of the Committee 
on Accounts relating to stationery be recommitted to the 
committee, with instructions to report the items of the bill for 
stationery, and the amount of stationery not distributed, 

Which, upon his motion, Was Adopted. 

Air. Saulsbury moved that the last item on the report be 
stricken from the resolution, 

Which motion Prevailed. 

Air. Moore moved to adopt the resolution as amended, 

Which motion Prevailed. 

Air. Sapp presented a memorial from a special committee 
appointed by the Diocese of Delaware on the subject of Mar- 
riage and Divorce, 

Which, upon his motion, was referred to the Committee 
on the Legislature. 

Mr. Spruance presented a communication from the Anti- 
Suffrage Association, of New York, which, upon his motion, 
was read, 

And further, on his motion, was referred with accompa- 
nying documents to the Committee on Elections. 

Air. Saulsbury presented the following bills: 



107 

Slaughter & Bice, $ 2.70. 

T. O. Culbreth, 12.38. 

James A. Clifton, 56.97. 

Which, upon his motion, were referred to the Committee 
on Accounts. 

Mr. Harman submitted the following resolution, which, 
upon his motion, was read: 

Resolved, That after a member has spoken twice in the 
Committee of the Whole upon any one subject, he shall not be 
permitted to speak again on that particular subject, unless by 
unanimous consent, until every member of the committee de- 
sirous of speaking upon the subject has spoken, 

Which, upon the motion of Mr. Spruance, was referred to 
the Committee on Rules. 

On motion of Mr. Spruance, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
report of the Committee on Elections, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 
consideration the report of the Committee on Elections, report 
progress and ask leave to sit again. 

Mr. Dasey moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



io8 



Thursday, January 28, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, 

Burris, Cannon, Carlisle, Cavender, Clark, Cooch, Donahoe, 
Ellegood, Gilchrist, Hearne, Hering, Johnson, Moore, Mur- 
ray, Orr, Sapp, Saulsbury, Smithers, Wright, Mr, President. 

Journal read and approved. 

Mr. Saulsbury presented bill of W. D. McGloghlon for 
$7.00, 

Which, on his motion, was referred to the Committee on 
Accounts. 

Mr. Orr, on the part of the Board of Trustee? of Delaware 
State Hospital for the Insane, invited the members of this Con- 
vention to visit the hospital, Thursday, February 4, next. 

Mr. Saulsbury moved that the Convention accept the in- 
vitation. 

The yeas and nays were ordered, which, being taken, were 
as follows : 

Yeas — Messrs. Clark, Cooch, Donahoe, Ellegood, Gil- 
christ, Hearne, Johnson, Moore, Murray, Orr, Sapp, Sauls- 
bury, Smithers, Mr. President. 

Nays — Messrs. Bradford, Burris, Cannon, Cavender. 
Yeas, 14; nays, 4. 



109 

So the question was decided in the affirmative, and the 
.notion prevailed. 

Air. Ellegood presented a communication from Mr. L. 
M. Price, regarding the matter of referendum, which, on his 
motion, was read, 

And further, on his motion, was referred to the Committee 
on the Manufacture and Sale of Intoxicating Liquors. 

Mr. Burris moved that Monday, February 8, at 2 o'clock, 
p. m., we receive and hear the temperance people, 

Which motion Prevailed. 

Motion to adjourn until 2.30, p. m., prevailed. 



Same Day, 2.30, p. m. 

Convention met pursuant to adjournment. 

Mr. Murray presented the first report of the Committee 
on the Legislature which, upon his motion, was read as fol- 
lows: 

The Committee on the Legislature recommends the 
adoption of the following as sections in the Constitution, to be 
inserted under an appropriate title : 

Section 1. The legislative power of this State shall be 
vested in a General Assembly, which shall consist of a Senate 
and House of Representatives. 

Section 4. The General Assembly shall meet on the first 
Tuesday of January, biennially, unless sooner convened by the 
Governor. 

Section 6. Each House shall judge of the elections, 



no 

returns and qualifications of its own members; and a majority 
of all the members elected to each House shall constitute a 
quorum to do business; but a smaller number may adjourn 
from day to day, and shall be authorized to compel the at- 
tendance of absent members, in such manner, and under such 
penalties, as shall be deemed expedient. 

Section 7. Each House may determine the rules of its 
proceedings, punish any of its members for disorderly be- 
haviour, and with the concurrence of two-thirds of all the 
members elected thereto expel a member, and shall have all 
other powers necessary for a branch of the Legislature of a 
free and independent State. 

Section 16. No divorce shall be granted, nor alimony 
allowed, except by the judgment of a court, as shall be pre- 
scribed by law. 

Section 17. Lotteries, the sale of lottery tickets, pool 
selling, and all other forms of gambling are prohibited in this 
State. The General Assembly shall enforce this section by ap- 
propriate legislation. 

Section 18. No bill or joint resolution shall embrace 
more than one subject, which shall be expressed in its title; but 
a bill or joint resolution in violation of this provision shall be 
invalidated thereby only as to so much thereof as shall not be 
so expressed. 

Section 19. The members of the General Assembly shall 
receive as compensation for their services a per diem allowance 
which shall be prescribed by law for each day of their session, 

not exceeding days ; and, should they remain longer in 

session, they shall serve without compensation. In case a 
special or extra session of the General Assembly be called the 
members shall receive like compensation for a period not ex- 
ceeding days. 

GEORGE H. MURRAY, 
WILLIAM SAULSBURY, 
J. WILKINS COOCH, 
EDWARD G. BRADFORD. 



Ill 

Mr. Murray moved that this report be referred to the 
Committee of the Whole, 

Which motion Prevailed. 

On motion of Murray, the Convention resolved itself into 
Committee of the Whole for the consideration of the first re- 
port of the Committee on the Legislature. 

After some time spent therein, the Committee of the 
Whole rose. 

There being no quorum, the Convention adjourned. 



112 



Friday, January 29, 1897, 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Carlisle, Cavender, Clark, Cooch, Donahoe, Ellegood, Gil- 
christ, Hering, Johnson, Moore, Pratt, Sapp, Saulsbury, 
Smithers, Wright, Mr. President. 

Journal read and approved. 

Mr. Saulsbury moved that the Committee of the Whole, 
to whom was referred the first report of the Committee on the 
Legislature, have leave to sit again, 

Which motion Prevailed. 

On motion of Mr. Saulsbury, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
report of the Committee on the Legislature, 

Mr. Cooch in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Mr. Cooch re- 
ported that the Committee of the Whole, having had under 
consideration the report of the Committee on the Legislature, 
have considered and adopted all of said report except Section 
19, which is recommended to be recommitted to the Commit- 
tee on the Legislature, and the Committee of the Whole re- 
quest leave to sit again. 

Mr. Bradford moved that the report be accepted, Section 
19 recommitted to the Committee on the Legislature, and the 
Committee of the Whole granted leave to sit again, 

Which motion Prevailed. 



U3 

Mr. Bradford moved to reconsider that part of the report 
by which Section 19 was recommitted to the Committee on. 
the Legislature, 

Which motion Prevailed. 

Mr. Cooch moved that when this Convention adjourn this 
afternoon it will be to meet Tuesday morning at 10.30 o'clock,. 

Which motion Prevailed. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Gilchrist presented a memorial in behalf of the col- 
ored schools, 

Which, on his motion, was referred to the Committee on 
Education. 

Mr. Gilchrist presented three petitions for Equal Suffrage, 
one each from New Castle, Kent and Sussex counties, 

Which, upon his motion, were referred to the Commit- 
tee on Elections. 

Mr. Ellegood presented a petition from the Delaware City 
Methodist Episcopal Church, on the temperance question. 

Which, upon his motion, was read, 

And further, on his motion, was referred to the Committee 
on the Manufacture and Sale of Intoxicating Liquors. 

Mr. Bradford moved that Section tq of the report oi the 
Committee on the Legislature be referred to the Committee of 
the Whole, 

8— c 



H4 

Which motion Prevailed. 

On motion of Air. Bradford, the Convention resolved 
itself into Committee of the Whole for the consideration of 
Section 19 of the report of the Committee on Legislature, 

Air. Cooch in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Air. Cooch re- 
ported that the Committee of the Whole, having had under 
consideration Section 19 of the report of the Committee on the 
Legislature had adopted Section 19, as amended. 

Air. Gilchrist moved that the report be received, 

Which motion Prevailed. 

Mr. Burris moved that the Committee on Printing have 
500 copies of the amended report of the Committee on the 
legislature printed, 

W T hich motion Prevailed. 

Motion to adjourn prevailed. 



H5 



Tuesday, February 2, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Donahoe, Ellegood, Evans, Gilchrist, Harman, Hearne, Hor- 
sey, Johnson, Martin, Moore, Murray, Orr, Pratt, Richards, 
Sapp, Saulsbury, Smithers, Spruance, Mr. President. 

Journal read and approved. 

Mr. Richards moved that the Convention appoint Friday 
afternoon at 2 o'clock, to hear the Committee of the Diocese 
of Delaware, 

Which motion Prevailed. 

Mr. Spruance, on behalf of the Committee on Elections, 
moved that the committee be increased from six to eight mem- 
bers, 

Which motion Prevailed. 

The President announced Messrs. Cooper and Bradford 
as the additional members of the Committee on Elections. 

On motion of Mr. Pratt, the Convention resolved itself 
jnto Committee of the Whole for the consideration of the re- 
port of the Committee on Corporations, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 



n6 

consideration the report of the Committee on Corporations, 
report progress and ask leave to sit again. 

Mr. Dasey moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



Same Day, 2.30 o'clock, p. m 

Convention met pursuant to adjournment. 

Mr. Ellegood presented several petitions relating to ref- 
erendum, as follows: 

From Cedar Creek hundred, Sussex county, signed by 
J. M .Davis and 76 others; 

From Broadkiln hundred, Sussex county, signed by W. 
T. Valiant and 53 others; 

From Dagsboro hundred, Sussex county, signed by R. J. 
Short and 24 others. 

From Lewes and Rehoboth hundred, Sussex county, 
signed by C. H. Mason and 109 others; 

From North West Fork hundred, Sussex county, signed 
by S. J. Morris and 33 others; 

From Georgetown hundred, Sussex county, signed by C. 
A. Grise and 184 others. 

Upon his motion., one only was read, and all were re- 
ferred to the Committee on Manufacture and Sale of Intoxica- 
ting Liquors. 

Mr. Donahoe presented bill of J. & J. N. Harman for 
desks and chairs amounting 1 to $280, 



ii7 

Which, upon his motion, was referred to the Committee 
on Accounts. 

Mr. Sprnance presented bill of News Publishing Conpany 
for 96 cents, 

Which, upon his motion, was referred to the Committee 
on Accounts. 

Mr. Carlisle moved that the Secretary be instructed to 
purchase 13 additional sets of the American Constitutions, 

Which motion Prevailed. 

On motion of Mr. Richards, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
report of the Committee on Corporations, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 
consideration the report of the Committee on Corporations, 
report progress and ask leave ot sit again. 

Mr. Dasey moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



n8 



Wednesday, February 3, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll Called. Members Present: Messrs. Bradford, Bur- 
ns, Cannon, Cavender, Clark, Cooch, Cooper, Dasey, Dona- 
hoe, Ellegood, Evans, Gilchrist, Hearne, Johnson, Martin, 
Moore, Murray, Orr, Pratt, Richards, Saulsbury, Smithers, 
Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Ellegood presented a request from the Woman's 
Christian Temperance Union, asking for a hearing at 2 o'clock 
p. m. to-day. 

And moved that when the Convention adjourn it will be 
to meet at 3 o'clock p. m., in order to give the Woman's 
Christian Temperance Union a hearing, 

Which motion Prevailed. 

Mr. Donahoe presented bill of T. K. Jones & Bro. for 
$17.29, which, upon his motion, was referred to the Committee 
on Accounts. 

Motion to adjourn prevailed. 



ii 9 



Same Day, 3 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Richards, on behalf of the Committee on the Legisla- 
ture, submittted and read the second report, as follows: 

Second report of the Committee on the Legislature. 

The Committee on the Legislature recommends the adop- 
tion of the following as sections in the Constitution, to be in- 
serted under an appropriate title: 

Section 1. Each House shall keep a journal of its pro- 
ceedings, and publish the same immediately after every session > 
except such parts as may require secrecy, and the yeas and 
nays of the members on any question shall, at the desire of any 
member, be entered on the journal. No bill or joint resolu- 
tion, except in relation to adjournment, shall pass either House 
unless the vote shall have been taken by yeas and nays, and 
the names of the members voting for and against the same 
shall be entered on the journal, nor shall the same become 
operative without the concurrence of a majority of all the 
members elected to each House. 

Section 2. The doors of each House, and of Committees 
of the Whole, shall be open unless when the business is such as 
ought to be kept secret. 

Section 3. Neither House shall, without the consent of 
the other, adjourn for more than three days, nor to any other 
place than that in which the two Houses shall be sitting. 

Section 4. The Senators and Representatives shall, in 
all cases, except treason, felony or breach of the peace, be 
privileged from arrest during their attendance at the session 
of their respective Houses, and in going to and returning from 
the same; and for any speech or debate in either House they 
shall not be questioned in any other place. 



120 

Section 5. No Senator or Representative shall, during 
the time for which he shall have been elected, be appointed to 
any civil office under this State which shall have been created, 
or the emoluments of which shall have been increased, during 
such time. Xo member of Congress, nor any person holding 
any office under this State, or the United States, except officers 
usually appointed by the courts of justice respectively, and 
officers in the militia, holding no disqualifying office, shall 
during his continuance in Congress or in office be a Senator 
or Representative; nor shall any person while concerned in 
any army or navy contract be a Senator or Representative. 

CHARLES F. RICHARDS, 
WOODBURN MARTIN, 
GEORGE H. MURRAY, 
WILLIAM SAULSBURY, 
EDWARD G. BRADFORD, 
J. WILKINS COOCH. 

Mr. Martin moved that 100 copies of the second report of 
the Committee on the Legislature be printed, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



121 



Thursday, February 4, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment and was called 
to order by the Secretary. 

Mr. Dasey moved that Mr. Martin act as President pro 
tempore, 

Which motion Prevailed. 

Prayer by the Rev. C. I. Stengle. 

Roll called. Members present: Messrs. Eradford, Bur- 
ns, Cannon, Cavender, Clark, Cooper, Dasey, Donahoe, Elle- 
good, Evans, Gilchrist, Hearne, Plorsey, Hering, Martin, 
Moore, Murray, Orr, Pratt, Richards, Sapp, Saulsbury, Smith- 
ers, Spruance, Wright. 

Journal read and approved. 

Mr. Ellegood presented two petitions from the Armory 
M. E. Church of Dover for the principle of referendum, and 
moved that one petition be read, 

Which motion Prevailed. 

And further, on his motion, both petitions were referred 
to the Committee on Manufacture and Sale of Intoxicating 
Liquors. 

Mr. Evans moved that when the Convention adjourn it 
will be to meet to-morrow at 10.30 o'clock, a. m., 

Which motion Prevailed. 

Motion to adjourn prevailed. 



122 



Friday, February 5, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll Called. Members Present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Donahoe, Ellegood, Gilchrist, Hearne, Horsey, Hering, John- 
son, Moore, Murray, Richards, Sapp, Saulsbury, Smithers, 
Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Gilchrist moved that a delegation on education have 
a hearing of one and a half hours at 2 o'clock, p. m., Thursday, 
February 11, 

Which motion Prevailed. 

On motion of Mr. Richards, the Convention resolved 
itself into Committee of the Whole for the consideration of 
the second report of the Committee on the Legislature, 

Mr. Dasey in the chair. 

After some time spent therein the Committee of the 
Whole rose, 

The President resumed the chair, when Air. Dasey re- 
ported that the Committee of the Whole, having had under 
consideration the second report of the Committee on the 
Legislature, recommend the adoption of the said report as 
amended in the Committee of the Whole. 

Mr. Saulsbury moved that the report from the Com- 
mittee of the Whole be accepted, 



123 

Which motion Prevailed. 

Mr. Saulsbnry moved that when this Convention adjourn 
it will be to meet Monday morning at 10.30 o'clock, 

Which motion Prevailed. 

Mr. Richards moved that the Committee on Printing 
have 100 copies of the second report of the Committee on the 
Legislature, as amended, printed, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



i 



I2 4 

Monday, February 8, 1897. 
10.30 o'clock a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. O. G. Buddington. 

Roll called. Members Present: Messrs. Bradford, Can- 
non, Carlisle, Cavender, Clark, Cooch, Dasey, Donahoe, Elle- 
good, Evans, Gilchrist, Harman, Hearne, Horsey, Johnson, 
Martin, Murray, Pratt, Richards, Sapp, Saulsbury, Smithers, 
Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Harman presented a petition from the Union Labor 
League of Wilmington, which, upon his motion, was read and 
referred to the Committee on Elections. 

Mr. Ellegood presented a petition from the Wesley M. E. 
Church for referendum, which, upon his motion, was referred, 
without reading, to the Committee on Manufacture and Sale 
of Intoxicating Liquors. 

Mr. Ellegood presented a petition from the Armory Sun- 
day School of Dover, which, upon his motion, was read and 
referred to the Committee on the Manufacture and Sale of 
Intoxicating Liquors. 

Mr Evans presented bill of Guyer & Hardesty for $353.20, 
which, upon his motion, was referred to the Committee on 
Accounts. 

Mr. Spruance presented bill of Every Evening Printing 
Co., for $1.55, which, upon his motion, was referred to the 
Committee on Accounts. 

Motion to adjourn until 2 o'clock this afternoon prevailed. 



125 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment, and was called 
to order by the Secretary. 

Upon motion of Mr. Saulsbury, Mr. Bradford was made 
President pro tempore. . . 

Mr. Spruance, on behalf of the Committee on the Judi- 
ciary, submitted and read the report of said committee, as 
follows : 

The Committee on the Judiciary recommends the adop- 
tion of the following amendments to Article VI: 

(a) Strike out Section i and insert in lieu thereof the 
following: 

Section I. The judicial power of this State shall be 
vested in a Supreme Court, a Superior Court, a Court of Chan- 
cery, an Orphans' Court, a Court of Oyer and Terminer, a 
Court of General Sessions, a Register's Court, Justices of the 
Peace and such other courts as the General Assembly, with 
the concurrence of two-thirds of all the members elected to 
each House, shall from time to time establish. 

(b) Strike out of Section 3 the following words: "No 
associate judge shall sit in the county in which he resides." 

Add the following sections : 

(c) Section — . The judges shall be appointed by the 
Governor, by and with the consent of three-fifths of all the 
members elected to the Senate, for the term of twelve years, 
and if a vacancy shall occur, by expiration of term of other- 
wise, at a time when the Senate shall not be in session the Gov- 
ernor shall, within thirty days after the happening of any such 
vacancy, convene the Senate for the purpose of confirming 
his appointment to the said vacancy and such, other executive 
business as may come before it for action. 



126 

(d) Section — . Any judge shall have the right to re- 
sign his office after reaching the age of seventy years and 
thereafter receive the full salary attached to the office until the 
end of the term for which he was appointed, provided that dur- 
ing said term and before his resignation he shall have con- 
tinued in the active discharge of his office for at least one-half 
of said term. 

(e) Section — . In all criminal cases in which the sen- 
tence shall be death or imprisonment for more than six months 
and in such other criminal cases as may be provided by law, 
the accused after conviction and sentence shall be entitled to a 
writ of error from the Supreme Court to the court in which 
the case was tried. 

W. C. SPRUAXCE, 
W. T. CAVENDER, 
CHARLES F. RICHARDS, 
EDWARD D. HEARNE, 
CHARLES B. EVANS, 
EDWARD G. BRADFORD, 
WOODBURN MARTIN, 
GEORGE H. MURRAY. 

Upon motion of Mr. Spruance, the report was referred to 
the Committee of the Whole. 

Mr. Spruance moved that the Committee on Printing 
have ioo copies of the report printed, 

Which motion Prevailed. 

Motion to adjourn until 10.30 o'clock a. m., to-morrow, 
prevailed. 



127 



Tuesday, February 9, 1897. 
10.30 o'clock a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll Called. Members Present: Messrs. Bradford, Bur- 
ns, Cannon, Cavender, Clark, Cooch, Dasey, Donahoe, Elle- 
good, Gilchrist, Hearne, Horsey, Martin, Moore, Pratt, Rich- 
ards, Sapp, Saulsbury, Smithers, Spruance, Wright, Mr. Presi- 
dent. 

Journal read and approved. 

On motion of Mr. Spruance, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
first report of the Committee on Judiciary, 

Mr. Carlisle in the chair. 

After some time spent therein the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Carlisle re- 
ported that the Committee of the Whole, having had under 
consideration the first report of the Committee on Judiciary, 
report progress and ask leave to sit again. 

Mr. Martin moved that the Committee of the Whole 
have leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until. 2.30 o'clock p. m., prevailed. 



128 

Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

On motion of Mr. Spruance, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
first report of the Committee on Judiciary, 

Mr. Carlisle in the chair. 

After some time spent therein Committee of the Whole 
rose. 

The President resumed the chair, when Mr. Carlisle re- 
ported that the Committee of the Whole, having had under 
consideration the first report of the Committee on Judiciary, 
recommend its adoption as amended. 

Mr. Spruance moved-that the report be accepted, 

Which motion Prevailed. 

Mr. Spruance moved that the Secretary of the Committee 
of the Whole prepare a copy of the amended report for the use 
of the Committee on Printing, who are instructed to have 200 
copies printed, 

Which motion Prevailed. 

Motion to adjourn until to-morrow morning, 10.30 
o'clock, prevailed. 



129 



Wednesday, February 10, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll Called. Members Present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Donahoe, Ellegood, Evans, Gilchrist, Hearne, Horsey, John- 
son, Martin, Moore, Murray, Orr, Richards, Sapp, Saulsbury, 
Smithers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Orr presented a communication from the Fourth 
Quarterly Conference of the Lewes M. E. Church, which, upon 
his motion, was read and referred to the Committee on Manu- 
facture and wSale of Intoxicating Liquors. 

Mr. Gilchrist moved that the hearing granted the teach- 
ers before the Convention, for Thursday, February 11, be post- 
poned until Monday, Febreary 15, at 2 o'clock, p. m., 

Which motion Prevailed. 

Mr. Saulsbury, from the Committee on Accounts, sub- 
mitted the following report: 

The Committee on Accounts, to whom was recommitted 
the bill of Clarke & McDaniel for $1354.66, respectfully reports 
that it has again examined the same and believes it correct. 

The committee recommends the adoption of the following- 
resolution : 

Resolved, That the bill of Clarke & McDaniel for $1354.- 
66, on account of the current expenses of the Convention, be 
allowed, and the President is hereby authorized to draw his 
warrant upon the State Treasurer in favor of Clarke & Mc- 
Daniel for $1354.66. 
9— c 



130 

Mr. Saulsbury moved the adoption of the report. 

Mr. Spruance moved tliat the report be laid on the table 
for further consideration, 

Which motion Prevailed. 

Mr. Cavender submitted and read the following preamble 
and resolutions on the death of the Hon. Edward L. Martin : 

"Mr. President: By suggestion of a number of Delegates 
in this Convention, and also in accordance with my personal 
feelings, I ask my fellow-members to suspend for a few min- 
utes procedure with the work committed to their care and 
direct it to a solemn event which an act of Divine Providence 
has commended to our consideration. But a few days since 
the unexpected and painful intelligence reached us of the death 
of the Hon. Edward L. Martin, who expired on the 22d day 
•of January at his late residence near Seaford, Sussex county, 
Delaware. 

"I offer the following resolutions as expressive of the sen- 
timent of the Convention in relation to the same: 

"Resolved, That this Convention has heard with pro- 
found regret the formal announcement of the death of the Hon. 
Edward L. Martin, an honored citizen of this State, highly 
esteemed for his ability and integrity and for the eminent pub- 
lic service he has rendered the people of this State. 

"Resolved, That this Convention, while expressing 
regret at the loss which the State has incurred, feels it due to 
itself and to others to offer the expression of its deep sympathy 
to the bereaved family of Mr. Martin, and to the community 
of which he had so long been an honored and valued member. 

"Resolved, That the President be and he is hereby re- 
quested to communicate these resolutions, properly attested 
by the Secretary of the Convention, to the family of our de- 
ceased friend." 

The resolutions were unanimously adopted. 

Mr. Donahoe submitted and read the following preamble 
and resolutions relating to the death of the Hon. Leonard E. 
Wales : 



i3i 

"Mr. President: The people of our State have been 
greatly shocked by the sad intelligence of the death of the 
Hon. Judge Leonard E. Wales, an illustrous citizen of our 
State, an eminent jurist, a loyal friend and true patriot, and 
an upright Christian gentleman, of whom it may be truly said, 
he had but few equals. I therefore offer the following, and 
move its adoption by the Convention : 

"Resolved, That we have learned with profound regret 
of the death of the late Judge Leonard E. Wales, who, as a 
soldier in the late war, as a judge in the courts of this State 
for twenty years, and a judge in the Federal courts for thirteen 
years, endeared himself to the people of this Commonwealth 
as a brave soldier, an able and impartial judge and one of our 
foremost citizens. 

"Resolved, That the members of this Convention hereby 
tender to the family of the deceased our sincere sympathy in 
their great bereavement, and mourn with them their loss and 
the loss to our people. 

"Resolved, That the President of this Convention be in- 
structed to forward a copy of these resolutions, duly attested 
by the Secretary, to the family of the deceased." 

The resolutions were unanimously adopted. 

Mr. Saulsbury, from the Committee on Accounts, sub- 
mitted the following report: 

The Committee on Accounts, to whom sundry bills were re- 
ferred, recommends the payment of claims named in the reso- 
lution herewith reported. 

Resolved, That the following claims on account of the 
current expenses of the Convention be allowed, and the Presi- 
dent be authorized to draw warrants upon the State Treasurer 
for the payment of the same: 

T. K. Jones & Bro., $17.29, 

W. D. McGloghlon, 7.00. 

The News Publishing Company, 0.96. 

The Every Evening Printing Company 1 .55. 

Slaughter &: Bice, 2.70. 



132 

T. O. Culbreth, 12.38. 

James A. Clifton, 56.97. 

J. & J. N. Harman, 280.00. 

Guyer & Hardesty, 353-20. 

Mr. Cooper moved the report be received and the reso- 
lution adopted, 

Which motion Prevailed. 

Mr. Saulsbury presented bill of George P. Jarrell for 
$13.10, which, upon his motion, was referred to the Committee 
on Accounts. 

Mr. Donahoe moved that the Convention attend the 
funeral of the late Judge Leonard E. Wales, to-morrow, and 
that when the Convention adjourn this afternoon it will be to 
meet Monday next at 10.30 o'clock, a. m., 

Which motion Prevailed. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Ellegood moved that the bill of Clarke & McDaniel 
be taken up from the table for consideration, 

Which motion Prevailed. 

Recurring to the original resolution as reported by Mr. 
Saulsbury, it prevailed. 

Mr. Spruance moved that the Committee on Accounts 
report to the Convention a list of articles distributed, to whom 
distributed, and list of articles now on hand, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



133 



Monday, February 15, 1897. 
10.30 o'clock a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll Called. Members Present: Messrs. Bradford, Car- 
lisle, Cavender, Clark, Cooper, Dasey, Donahoe, Ellegood, 
Evans, Gilchrist, Hearne, Horsey, Johnson, Martin, Moore, 
Murray, Richards, Sapp, Smithers, Spruance, Wright, Mr. 
President. 

Journal read and approved. 

Mr. Gilchrist moved that when we adjourn it will be to 
meet at 3.30 o'clock this afternoon, 

Which motion Prevailed. 

Mr. Evans presented bills as follows : 

The Argus Co., $65.00. 

Adams Express Co., 70. 

Which, upon his motion, were referred to the Committee 
on Accounts. 

The President presented a communication from the Phil- 
anthropic Committee of Wilmington, which was referred, with- 
out reading, to the Committee on Crimes, Punishments and 
Impeachments; 

Also, another communication, relating to Woman Suf- 
frage, which was referred, without reading, to the Committee 
on Elections. 

Mr. Cooper presented a communication from the Junior 
Order of United American Mechanics, which, upon his motion, 
was referred, without reading, to the Committee on Educa- 
tion. 

Motion to adjourn prevailed. 



134 



; Same Day, 3.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr: Spruance submitted the second report of the Com- 
mittee on Elections which, upon his motion, was read, as 
follows : 

Second report of the Committee on Elections. 

The Committee on Elections recommend the following 
amendments to the Constitution: 

Strike out the part of the third paragraph of Section 1 of 
Article IV beginning with the words "And in" and ending 
with the words "anv tax" and insert in lieu thereof the follow- 



Every male citizen of this State of the age of twenty-one 
years who shall have been a resident of this State one year 
next preceding an election, and for the last three months a resi- 
dent of the county, and for the last fifteen days a resident of 
the hundred or election district in which he may offer to vote, 
and in which he shall have been duly registered as hereinafter 
provided for, shall be entitled to vote at such election in the 
hundred or election district of which he shall at the time be a 
resident, and in which he shall be registered, for all officers 
that now are or hereafter may be elected by the people and 
upon all questions which may be submitted to the vote of the 
people. 

Provided, however, that no person who shall attain the 
age of twenty-one years after the first day of* January, A. D., 
1900, or after that date shall become a citizen of the United 
States, shall have the right to vote unless he shall be able to 
read this Constitution in the English language and write his 
name; but these requirements shall not apply to any person 
who by reason of physical disability shall be unable to comply 
therewith. 



135 

Insert next after Section i of Article IV the following: 

Section 2. Xo person who shall receive or accept, or 
offer to receive or accept, or shall pay, transfer, or deliver, or 
offer, or promise to pay, transfer or deliver, or shall contribute 
or offer or promise to contribute to another, to be paid or used, 
any money or other valuable thing as a compensation, induce- 
ment or reward for the registering or the abstaining from 
registering of any one qualified to register, or the giving or 
withholding, or in any manner influencing the giving or with- 
holding, a vote at any general, special or municipal election in 
this State, shall vote at such election; and upon challenge for 
any of said causes, the person so challenged, before the officers 
authorized for that purpose shall receive his vote, shall swear 
or affirm before such officers that he has not received or ac- 
cepted or offered to receive or accept, or paid, transferred, de- 
livered, or offered or promised to pay, transfer or deliver, or 
contributed or offered or promised to contribute to another, 
to be paid or used, any money, or other valuable thing as a 
compensation, inducement or reward for the registering or 
the abstaining from registering of any one qualified to register, 
or for the giving or withholding, or in any manner influencing 
the giving or withholding, a vote at such election. 

Such oath or affirmation shall be conclusive evidence to 
the election officers of the truth of such oath or affirmation, 
but if any such oath or affirmation shall be false, the person 
making the same shall be guilty of perjury; but no conviction 
thereof shall bar any prosecution under Section 2 of Article — 
of this Constitution. 

Section 3. The General Assembly shall provide by law 
for a uniform registration of the names of all the voters in this 
State who possess the qualifications prescribed in this Article, 
which registration shall be conclusive evidence to the election 
officers of the right of every person thus registered to vote at 
any election thereafter held in this State, who is not disquali- 
fied under the provisions of the second section of this Article: 
but no person shall vote at any election unless his name ap- 
pears in the list of registered voters. 

Such registration shall be commenced not more than 
ninety days nor less than sixty days before and be completed 



136 

not more than twenty days nor less than ten days before such 
election, and application for registration may be made on at 
least five days during the said period. 

Provided, however, that such registration may be cor- 
rected as hereinafter provided, at any time prior to the day of 
holding the election. 

Voters shall be registered upon personal application only, 
and each voter shall, at the time of his registration, pay a regis- 
tration fee of fifty cents. 

The registry of voters made in pursuance hereof may be 
corrected; and from the decision of the registration officers 
granting or refusing registration, or striking or refusing to 
strike a name or names from the registration list, any person 
interested or any registration officer, may appeal to the resi- 
dent judge of the county, whose determination shall be final, 
and he shall have power to order any name improperly omitted 
from the said registry to be placed thereon, and any name im- 
properly appearing on the said registry to be stricken there- 
from, and to make and enforce all necessary orders in the 
premises. 

Registration shall not be required for village, town or 
city elections except by express provision of law. 

The existing laws in reference to the registration of voters, 
not inconsistent with the provisions of this Article, shall con- 
tinue in force until the General Assembly shall otherwise pro- 
vide. 

Strike out of the tenth line of the third paragraph of Sec- 
tion i of Article IV the word "Provided" and insert in lieu 
thereof the words "And Provided also." 

Make Section 2 of Article IV, Section 4. 

WILSON T. CAVENDER, 
W. C. SPRUANCE, 
E. W. COOPER, 
I. A. ELLEGOOD, 
EDWARD G. BRADFORD, 



137 

Mr. Spruance moved that this report, with the first report 
of Committee on Elections, be referred to the Committee of 
the Whole, 

Which motion Prevailed. 

Mr. Spruance moved that the Committee on Printing have 
200 copies of the second report of the Committee on Elections 
printed, 

Which motion Prevailed. 

On motion of Mr. Spruance, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
first and second reports of the Committee on Elections, 

Mr. Moore in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Mr. Moore re- 
ported that the Committee of the Whole, having had under 
consideration the first and second reports of the Committee 
on Elections, report progress and ask leave to sit again. 

' Mr. Martin moved the committee have leave to sit again, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



133 



Tuesday February 16, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Donahoe, Ellegood, Evans, Gilchrist, Hearne, Horsey, Her- 
ing, Johnson, Martin, Moore, Murray, Orr, Pratt, Sapp, 
Smithers, Spruance, Wright, Air. President. 

Journal read and approved. 

Mr. Spruance presented a communication from the Hon. 
Joseph M. Carey, which, upon his motion, was read. 

The President presented a communication from a mem- 
ber, Mr. Saulsbury, asking for leave of absence, which, upon 
motion of Mr. Cavender, was granted. 

On motion of Mr. Spruance, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
second report of the Committee on Elections, 

Mr. Moore in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Air. Moore re- 
ported that the Committee of the Whole, having had under 
consideration the second report of the Committee on Elections, 
report progress and ask leave to sit again. 

Air. Gilchrist moved that the Committee have leave to sit 
again, 

Which motion Prevailed. 



139 

Mr. Ellegood moved that we adjourn to meet to-morrow 
morning at 10.30 o'clock. 

Mr. Gilchrist moved to amend, to make it 4 o'clock this 
afternoon, which amendment prevailed. 

Recurring to the original motion as amended, it prevailed. 



Same Day, 4 o'clock, p. m. 

Convention met pursuant to adjournment. 

On motion of Mr. Spruance, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
second report of the Committee on Elections, 

Mr. Moore in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Mr. Moore report- 
ed that the Committee of the Whole, having had under con- 
sideration the second report of the Committee on Elections, 
report progress and ask leave to sit again. 

Mr. Martin moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



140 



Wednesday, February 17, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. Mr. Vincent. 

Rolled called. Members present: Messrs. Bradford, 
Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Donahoe, Ellegood, Gilchrist, Horsey, Hering, Johnson, Mar- 
tin, Moore, Murray, Pratt, Richards, Sapp, Smithers, Spru- 
ance, Wright, Mr. President. 

Journal read and approved. 

The President presented a communication from a mem- 
ber, Mr. Hearne, asking for leave of absence, which, upon 
motion of Mr. Dasey, was granted. 

On motion of Mr. Spruance, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
reports of the Committee on Elections, 

Mr. Moore in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Moore re- 
ported that the Committee of the Whole, having had under 
consideration the reports of the Committee on Elections, re- 
port progress and ask leave to sit again. 

Mr. Gilchrist moved that the Committee of the Whole 
have leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



i4i 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

On motion of Mr. Spruance, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
reports of the Committee on Elections, 

Mr. Moore in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

Mr. Martin was elected President pro tempore, when Mr. 
Moore reported that the Committee of the Whole, having had 
under consideration the reports of the Committee on Elections, 
report prog r ess and ask leave to sit again. 

Mr. Gilchrist moved that the Committee of the Whole 
have leave to sit again, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



142 



Thursday, February 18, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooper, Donahoe, 
Ellegood, Evans, Gilchrist, Horsey, Hering, Johnson, Martin, 
Moore, Murray, Pratt, Richards, Sapp, Smithers, Spruance, 
Wright, Mr. President. 

Journal read and approved. 

On motion of Air. Pratt, the Convention resolved itself 
into Committee of the Whole for the consideration of the re- 
port of the Committee on Corporations, 

Air. Evans in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Air. Evans report- 
ed that the Committee of the Whole, having had under con- 
sideration the report of the Committee on Corporations, refer 
the same back to the Convention, recommending that it be re- 
committed to the Committee on Corporations. 

Air. Cavender moved that it be recommitted to the Com- 
mittee on Corporations, 

Which motion Prevailed. 

On motion of Air. Spruance, the Convention resolved it- 
self into Committee of the Whole for the consideration of the 
report of the Committee on Elections, 

Mr. Aloore in the chair. 



H3 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Mr. Moore re- 
ported that the Committee of the Whole, having had under 
consideration the report of the Committee on Elections, report 
progress and ask leave to sit again. 

Mr. Gilchrist moved that the Committee of the Whole 
have leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Pratt presented a petition, which, upon his motion, 
was read, as follows : 

"We, the undersigned citizens of Delaware, most respect- 
fully solicit the Constitutional Convention to engraft in the 
said Constitution a general railroad franchise, giving the right 
to any company to build railroads at any point in the State." 

And further, on his motion, it was referred to the Com- 
mittee on Corporations. 

On motion of Mr. Spruance, the Convention resolved it- 
self into Committee of the Whole for the consideration of the 
report of the Committee on Elections, 

Mr. Moore in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 



144 

Mr. Martin was elected President pro tempore, when Mr. 
Moore reported that the Committee of the Whole, having had 
under consideration the report of the Committee on Elections, 
report progress and ask that the committee have leave to sit 
again. 

Mr. Gilchrist moved that the Committee of the Whole 
have leave to sit again, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



145 



Friday, February 19, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Burris, Cannon,. 
Cavender, Clark, Cooch, Cooper, Dasey, Donahoe, Ellegood, 
Evans, Gilchrist, Horsey, Hering, Johnson, Moore, Murray, 
Pratt, Sapp, Wright, Mr. President. 

Journal read and approved. 

Mr. Ellegood moved that when the Convention adjourn 
it will be to meet Tuesday morning at 10.30 o'clock, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



10— e 



146 



Tuesday, February 23, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Can- 
non, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, Elle- 
good, Evans, Gilchrist, Hearne, Horsey, Hering, Johnson, 
Martin, Moore, Murray, Orr, Pratt, Richards, Sapp, Sauls- 
bury, Smithers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Sapp presented a petition from the citizens of Har- 
rington, praying for the principle of referendum to be incorpo- 
rated in the new Constitution, which, upon his motion, was 
read, 

And further, on his motion, was referred to the Committee 
on the Manufacture and Sale of Intoxicating Liquors. 

Mr. Ellegood presented a bill of Guyer & Hardesty for 
$249.80, which, upon his motion, was referred to the Commit- 
tee on Accounts. 

On motion of Mr. Spruance, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
reports of the Committee on Elections, 

Mr. Moore in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Moore re- 
ported that the Committee of the Whole, having had under 
consideration the report of the Committee on Elections, report 
progress and ask leave to sit again. 



147 

Mr. Dasey moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Saulsbury, on behalf of the Committee on Accounts, 
submitted the following resolution : 

Resolved, That the account of Guyer & Hardesty for 
$249.80, for stenographic reporting, be allowed, and the Presi- 
dent be authorized to draw his warrant upon the State Treas- 
urer in favor of Guyer & Hardesty for $249.80. 

Mr. Saulsbury moved that the resolution be adopted, 

Which motion Prevailed. 

Mr. Gilchrist, on behalf of the Committee on Education, 
submitted the first report of said committee, which, upon his 
motion, was read, as follows: 

The Committee on Education recommend the following 
additional Article to the Constitution: 

Section 1. A general diffusion of knowledge and intelli- 
gence being essential to the preservation of the rights and lib- 
erties of the people, the General Assembly shall encourage by 
all suitable means the promotion of intellectual, scientific and 
agricultural improvement. 

Section 2. A State Superintendent of public instruction 
shall be appointed by the Governor, and confirmed by the Son- 
ate, for a term of four years, or until his suqcessor is duly qual- 
ified; whose powers, duties and compensation shall be defined 
by the General Assembly, which may also provide for Count) 
Superintendents and such other officers as may be necessary. 



1 4 8 

Section 3. A tax of not less than one mill, nor more than 
three mills, on all the taxable property of the State, shall be 
levied annually, and together with the proceeds from the in- 
vestments known as the school fund distributed to the several 
school districts of the State as the General Assembly shall 
direct; and the fund so distributed shall be used exclusively for 
the payment of tuition; provided, however, that in such dis- 
tribution, no distinction shall be made on account of race or 
color, and separate schools for white and colored children shall 
be maintained. All local contingent expenses, for school 
buildings and maintaining schools, shall be paid by the dis- 
trict incurring the same, as the General Assembly shall direct. 

Section 4. The General Assembly shall, within two years 
after this Constitution goes into effect, provide for a general 
and uniform system of Free Public Schools throughout the 
State, and may require by law that every child, not physically 
or mentally disabled, shall attend the public school, unless edu- 
cated by other means. 

Section 5. Xo portion oi any fund now existing, or that 
which may hereafter be appropriated, or raised by tax for edu- 
cational purposes, shall be appropriated to, or used by, or in 
aid of any church, sectarian, or denominational school. 

Section 6. All monies received by the State from school 
taxes, State appropriations, income from stocks or bonds, and 
all other monies received for school purposes, shall be inviola- 
bly used for the support and maintenance of the public schools 
of this State. 

JAMES B. GILCHRIST, 
ELIAS X. MOORE, 
NATHAN PRATT, 
A. L. TOHXSOX. 
ISAAC K. WRIGHT. 
E. W. COOPER. 

Mr. Gilchrist moved that this report be referred to the 
Committee of the Whole, 

Which motion Prevailed. 

Mr. Gilchrist moved that 500 copies of this report be 
printed, 



i 4 9 

Which motion Prevailed. 

Mr. Spruance, on behalf of the Committee on Elections, 
submitted and read the third report of said committee, as fol- 
lows : 

Third report of the Committee on Elections. 

The Committee on Elections recommend the following 
amendments to Article IV of the Constitution: 

Substitute for the first and second paragraphs of Section I 
of said Article the following: 

Section i. The general election shall be held biennially 
on the Tuesday next after the first Monday in the month of 
November, and shall be by ballot, but the Legislature may by 
law prescribe the means, methods. and instruments of voting so 
as to best secure secrecy and the independence of the voter, 
preserve the freedom and purity of elections and prevent fraud, 
corruption and intimidation thereat. 

Insert next after the word ''felony" in the fifteenth line of 
the third paragraph of Section i of said Article the following: 

"Or incapacitated under the provisions of this Constitu- 
tion from voting." 

Add the following section to said Article : 

Section — . Boards of canvass as now established by law 
are abolished. 

The presiding election officer of each hundred or election 
district shall, on the next day after the election, deliver one of 
the certificates of the election, made and certified as required 
by law, together with the ballot boxes, to the Prothonotary of 
the Superior Court of the county, who shall, before 1 2 o'clock 
noon on the second day after the election, present the same to 
the said court; and thereupon the said court, with the aid of 
such of its officers and such sworn assistants as'the court shall 
appoint, shall publicly, in the presence of such electors oi the 
comity as shall think proper to be present, ascertain the state of 
the election throughout the county, by calculating the aggre- 
gate amount of all the votes for each office that shall be given 



r 5° 

in all the hundreds and election districts of the county, for 
every person voted for for such office. 

The said court shall have all of the powers now vested in 
the Board of Canvass and such other powers as shall be provi- 
ded by law. 

After the state of the election shall have been ascertained 
as aforesaid, the said court shall make certificates thereof, un- 
der the seal of said court, in the form required by law, and 
transmit, deliver and lodge the same as required by this Con- 
stitution or by law. and deliver the ballot boxes to the sheriff of 
the county, to be by him kept and delivered as required by law. 

The committee further recommend that the second report 
of the committee be amended by striking out of the twenty- 
first line of Section 3 the words "fifty cents" and substituting 
in lieu thereof the words "one dollar." 

W. C. SPRUANCE, 

W. T. CAYEXDER, 

]. A. ELLEGOOD, 

W. A. CANNON, 

TOHX W. HERIXG, 

EDWARD G. BRADFORD, 

E. AY COOPER. 

Mr. Cavender moved that the report be referred to the 
Committee of the Whole, 

Which motion Prevailed. 

On motion of Air. Spruance. the Convention resolved 
itself into Committee of the Whole for the consideration of the 
second and third reports of the Committee on Elections, 

Mr. Moore in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

Air. Cannon was elected President pro tempore, when Air. 
Moore reported that the Committee of the Whole, having had 
under consideration the second and third reports of the Com- 
mittee on Elections, had completed the second report of said 
committee, which they report back and recommend its adop- 



I5i 

tion, as amended, by the Convention, and further report pro- 
gress on the third report of the Committee on Elections, and 
ask leave to sit again. 

Mr. Dasey moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Mr. Bradford asked for leave of absence until Monday, 
March I, next, which, upon motion by Mr. Donahoe, was 
granted. 

Air. Spruance moved that the Committee on Printing 
have 500 copies of the second report of the Committee on 
Elections, as amended and reported back from the Committee 
of the Whole, printed, 

Which motion Prevailed. 

Air. Johnson submitted and read the following resolution: 

Whereas, The Board of Public Education of the City of 
Wilmington having very generously furnished desks free of 
charge for the use of this Convention until our present furni- 
ture was ready, therefore, be it 

Resolved, That this Convention acknowledge the very 
friendly and graceful courtesy of said board and hereby ex- 
tends its thanks for the same. 

Mr. Donahoe moved the adoption of this resolution. 

Which motion Prevailed. 

Mr. Spruance moved that the Committee of the Whole be 
discharged from the consideration of the third report of the 
Committee on Elections, 

Which motion Prevailed. 

Mr. Spruance moved that that portion of the third report 
of the Committee on Elections relating to the Board oi Can- 
vass be referred back to the said committee, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



152 



Wednesday, February 24, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment, and was called 
to order by the Secretary. 

Upon motion of Mr. Cooch, Mr. Dasey was elected Pres- 
ident pro tempore. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Burris, Cannon, 
Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, Donahoe, 
Ellegood. Evans, Gilchrist, Hearne, Horsey, Hering, Johnson, 
Martin, Moore, Murray, Pratt, Richards, Sapp, Saulsbury, 
Smithers, Spruance, Wright. 

Journal read and approved. 

Mr. Ellegood moved that a committee of three be appoint- 
ed to confer with a like committee on the part of the Senate 
and House in reference to attending the inaugural ceremonies 
at Washington, 

Which motion Prevailed. 

And the President pro tempore appointed as said commit- 
tee, Messrs. Ellegood, Carlisle and Johnson. 

On motion of Mr. Spruance, the Convention resolved 
itself into Committee of the Whole for the consideration of that 
part of the third report of the Committee on Elections not re- 
ferred back to the Committee on Elections and for the purpose 
of renumbering the sections of Article IV, 

Mr. Moore in the chair. 

After some time spent therein, the President pro tempore 
resumed the chair, when Air. Moore reported that the Commit- 
tee of the Whole, having had under consideration that part of 
the third report of the Committee on Elections not referred 



J 53 

back to the Committee on Elections, and the renumbering of 
the sections of Article IV, recommend the adoption of the first 
and second paragraphs of the third report of the Committee on 
Elections, as amended in Committee of the Whole, and the re- 
numbering of the sections of Article IV, as amended, as fol- 
lows : 

Make that part of Section i, beginning with the words 
''Every male citizen" Section 2; make Section 2, Section 3; 
make Secton 3, Section 4; and make Section 4, Section 5. 

Mr. Richards moved that this report be accepted, 

Which motion Prevailed. 

Air. Spruance moved to reconsider the vote ordering 500 
copies of the second report of the Committee on Elections 
printed, 

Which motion Prevailed. 

Mr. Spruance further moved that the Committee on Print- 
ing be instructed to have printed 500 copies of Article IV as 
recommended to be amended by the Committee of the Whole, 

Which motion Prevailed. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment, and was called 
to order by the Secretary. 

Mr. Carlisle moved that Mr. Dasey be made President pro 
tempore, 

Which motion Prevailed. 

Mr. Horsey, on behalf of the Committee on Agriculture, 

presented its first report, which, upon his motion, was read, as 
follows : 



154 

First report of the Committee on Agriculture. 

Section i. There shall be a department established and 
maintained, known as the State Board of Agriculture. 

Section 2. The State Board of Agriculture shall be com- 
posed of three Commissioners of Agriculture, one residing in 
each county in the State, together with the Superintendent of 
the Delaware College Experiment Station and the Horticultu- 
rist; the last iwo named officers shall be members ex officio. 
Any three of them shall constitute a quorum for the transac- 
tion of business. 

Section 3. The said three Commissioners of Agriculture 
shall be appointed by the Governor, who shall appoint one to 
serve for one year, one to serve for two years, and one to serve 
for three years, and thereafter all appointments shall be for a 
term of three years, and they shall hold office until their suc- 
cessors are duly qualified. Any vacancies occurring in the 
office of Commissioner of Agriculture shall be filled by ap- 
pointment by the Governor for the remainder of the term. 

Section 4. The said State Board of Agriculture shall have 
the power to abate and prevent, by such means as the General 
Assembly shall prescribe, all contagious and infectious diseases 
of fruit trees, plants, vegetables and cereals, and also all conta- 
gious and infectious diseases of horses, cattle and other farm 
animals ; and also shall have the power to investigate and pros- 
ecute, under like legislative provisions, all grievances against 
transportation companies and common carriers ; and such 
other powers as may from time to time be given them by legis- 
lative enactment. 

Section 5. The General Assembly shall provide by law 
for the compensation of the members of said State Board of 
Agriculture, and shall prescribe and define their duties: and 
also enact suitable provisions for the execution by the said 
State Board of Agriculture of the powers herein designated. 

Section 6. The Commissioners may devise such plans for 
securing immigration to this State of industrious and useful 
settlers as they may deem expedient, and such plans may be 
executed as prescribed by the General Assembly. 



*55 

Section 7. The Board of Agriculture hereby established 
shall continue for eight years from the date of the qualification 
of the first incumbents thereof; after which it may be continued 
or abolished by the General Assembly. 

ANDREW J. HORSEY, 
ISAAC K. WRIGHT, 
DAVID S. CLARK, 
ELIAS N. MOORE, 
JAMES B. GILCHRIST, 
W. T. CAVENDER, 
NATHAN PRATT. 

Mr. Horsey moved that the report of the Committee on 
Agriculture be referred to the Committee of the Whole, 

Which motion Prevailed. 



Mr. Richards moved that the Committee on Printing have 
500 copies of the report of the Committee on Agriculture 
printed, 



Which motion Prevailed. 

Mr. Ellegood, on behalf of the special committee appoint- 
ed to confer with the committees from the Senate and House, 
reported, as follows, that arrangements have been made by 
which the members of the Convention may attend the inaugu- 
ral ceremonies. 

Mr. Johnson moved that the report be accepted, 

Which motion Prevailed. 

On motion of Mr. Gilchrist, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
first report of the Committee on Education, 

Mr. Carlisle in the chair. 

After some time spent therein the Committee of the 
Whole rose, 

The President pro tempore lesumed the chair, when Mr, 
Carlisle reported that the Committee o\ the Whole, having had 



156 

under consideration the first report of the Committee on Edu- 
cation, report progress and ask leave to sit again. 

Mr. Moore moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Mr. Burris asked for a leave of absence until Friday morn- 
ing next, which, upon motion by Mr. Ellegood, was granted. 

Motion to adjourn until to-morrow at 10.30, a. m., pre- 
vailed. 



*57 



Thursday, February 25, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment, and was called 
to order by the Secretary. 

Upon motion of Mr. Dasey, Mr. Ellegood was elected 
President pro tempore. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Cannon, Car- 
lisle, Cavender, Clark, Cooch, Cooper, Dasey, Donahoe, Elle- 
good, Evans, Gilchrist, Hearne, Horsey, Hering, Johnson, 
Martin, Moore, Orr, Pratt, Richards, Sapp, Saulsbury, Smith- 
ers, Spruance, Wright. 

Journal read and approved. 

Mr. Evans presented and read a communication from 
President Biggs asking for leave of absence, which, upon his 
motion, was granted. 

On motion of Mr. Gilchrist, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
first report of the Committee on Education, 

Air. Carlisle in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President pro tempore resumed the chair, when Air. 
Carlisle reported that the Committee of the Whole, having had 
under consideration the first report of the Committee on Edu- 
cation, report progress and ask leave to sit again. 

Mr. Martin moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



153 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

On motion of Mr. Gilchrist, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
first report of the Committee on Education, 

Mr. Dasey in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President pro tempore resumed the chair, when Mr. 
Dasey reported that the Committee of the Whole, having had 
under consideration the first report of the Committee on Edu- 
cation, report progress and ask leave to sit again. 

Mr. Gilchrist moved that the Committee of the Whole 
have leave to sit again, 

Which motion PreA^ailed. 

Motion to adjourn until to-morrow at 10.30 o'clock, a. m., 
prevailed. 



159 



Friday, February 26, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment, and was called 
to order by the Secretary. 

Upon motion of Mr. Cooch, Mr. Spruance was elected 
President pro tempore. 

Prayer by the Rev. J. C. Pierce. 

Roll called. Members present: Messrs. Burris, Cannon, 
Cavender, Clark, Cooch, Dasey, Donahoe, Ellegood, Gilchrist, 
Hearne, Horsey, Hering, Johnson, Martin, Moore, Murray, 
Pratt, Richards, Sapp, Saulsbury, Smithers, Spruance, Wright. 

Journal read and approved. 

Mr. Dasey presented bill of E. S. R. Butler & Son for 
$22.70 for stationery, which, upon his motion, was referred to 
the Committee on Accounts. 

On motion of Mr. Martin, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
report of the Committee on Education, 

Mr. Smithers in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President pro tempore resumed the chair, when Mr. 
Smithers reported that the Committee of the Whole, having 
had under consideration the first report of the Committee on 
Education, report progress, and ask leave to sit again, and re- 
commend that Section 3, with pending amendments, be re- 
ferred back to the Committee on Education. 

Mr. Gilchrist moved that the report be accepted and the 
Committee of the Whole be granted leave to sit again, 

Which motion Prevailed. 



i6o 

Mr. Gilchrist moved that Section 3 of the report of the 
Committee on Education be referred back, with pending - 

amendments, to the Committee on Education. 

Which motion Prevailed. 

On motion of Mr. Horsey, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
report of the Committee on Agriculture. 

Mr. Smithers in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President pro tempore resumed the chair, when Mr. 
Smithers reported that the Committee of the Whole, having 
had under consideration the report of the Committee on Agri- 
culture, report the adoption of the substitute for the first report 
of the Committee on Agriculture, as amended. 

Mr. Richards moved that the report be received, 

Which motion Prevailed. 

Mr. Horsey moved that the Committee on Printing haA T e 
500 copies of the amended report of the Committee on Agri- 
culture printed, 

Which motion Prevailed. 

[Motion to adjourn until 2.30 o'clock, p. m.. prevailed. 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

[Mr. Dasey moved that when the Convention adjourn it 
will be to meet [Monday next at 10.30 o'clock, a. m. 

Which motion Prevailed. 

[Motion to adjourn prevailed. 



i6i 



Monday, March i, 1897. 
10.36 o'clock, a. m. 

Convention met pursuant f o adjournment, and was called 
to ordei oy the Secretary. 

Upon motion of Mr. Carlisle, Mr. Cooch was elected 
President pro tempore. 

Prayer by the. Chaplain. 

Roll called. Members present: Messrs. Burris, Cannon, 
Carlisle, Cavender, Cooch, Cooper, Dasey, Donahoe,Ellegood, 
Gilchrist, Hearne, Horsey, Johnson, Martin, Moore, Murray, 
Orr, Pratt, Richards, Sapp, Saulsbury, Smithers, Spruance, 
Wright. 

Journal read and approved. 

Mr. Spruance submitted a resolution, which, upon his mo- 
tion, was read, as follows: 

Resolved, That the Constitution should be amended by 
the insertion of the following" Article: 

Section i. The General Assembly shall, as soon as prac- 
ticable, provide for the erection and maintenance of a State 
Penitentiary. 

Section 2. The punishment of crime by whipping or pil- 
lory shall be unlawful after the first day of January in the year 
of our Lord one thousand nine hundred and two. 

Mr. Spruance moved that this resolution be referred to 

the Committee on Crimes, Punishments and Impeachments, 

Which motion Prevailed. 

Mr. Spruance submitted a resolution, which, upon his mo- 
tion, was read, as follows: 
11-c 



I 62 

Resolved, That the Constitution should be amended by 
the insertion of the following Article: 

Section I. In all assessments of real estate for taxation, 
the value of the land and the value of the buildings and im- 
provements thereon shall be included ; and in all assessments of 
the rental value of real estate for taxation, the rental value of 
the land and the rental value of the buildings and improve- 
ments thereon shall be included. 

The foregoing provisions of this section shall apply to all 
assessments of real estate, or the rental value thereof, for taxa- 
tion for State, county, hundred, school, municipal or other 
public purposes. 

Mr. Spruance moved that this resolution be referred to the 
Committee on Revenue and Taxation, 

Which motion Prevailed. 

On motion of Air. Gilchrist, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
report of the Committee on Education, 

Air. Orr in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President pro tempore resumed the chair, when Mr. 
Orr reported that the Committee of the Whole, having had 
under consideration the report of the Committee on Education, 
report progress and ask leave to sit again. 

Air. Richards moved that the Committee of the Whole 
have leave to sit again, 

Which motion Prevailed. 

Air. Gilchrist submitted the following as the second report 
of the Committee on Education, which, upon his motion, was 
read, as follows: 

Section 3. In addition to the income from the Public 
School fund, the General Assembly shall make provisions for 
the annual payment of not less than $100,000.00 for the benefit 



1 6 3 

of the Public Free Schools, which, with the income of the Pub- 
lic School Fund, shall be annually apportioned among the 
School Districts on the basis of a per diem for every day 
taught by each teacher in said districts, during the year ending 
on the first day of July next preceding the time of such appor- 
tionment ; and the fund so apportioned shall be used exclusive- 
ly for the payment of teachers' salaries; provided, however, 
that in such distribution, no distinction shall be made on ac- 
count of race or color, and separate schools for white and col- 
ored children shall be maintained. All local, contingent ex- 
penses and all expenses for school buildings and for maintain- 
ing schools shall be paid by the district incurring the same, as 
the General Assembly shall provide. 

Mr. Gilchrist moved that this report be referred to the 
Committee of the Whole, 

Which motion Prevailed. 

On motion of Mr. Gilchrist, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
first and second reports of the Committee on Education, 

Mr. Orr in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President pro tempore resumed the chair, when Mr. 
Orr reported that the Committee of the Whole, having had 
under consideration the first and second reports of the Com- 
mittee on Education, report progress and ask leave to sit 
again. 

Mr. Spruance moved that the Committee of the Whole 
have leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 






1 6 4 

Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment, and was called 
to order by President Biggs. 

On motion of Mr. Gilchrist, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
and second reports of the Committee on Education, 

Mr. Orr in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Mr. Orr reported 
that the Committee of the Whole, having had under considera- 
tion the first and second reports of the Committee on Educa- 
tion, report the adoption of the first and second reports of the 
Committee on Education, as amended, and recommend their 
adoption by the Convention. 

Mr. Moore moved that the report be accepted, 

Which motion Prevailed. 

Mr. Gilchrist moved that the Committee on Printing have 
500 copies of the amended report of the Committee on Educa- 
tion printed, 

Which motion Prevailed. 

Motion to adjourn until 10.30 o'clock, a. m., to-morrow,, 
prevailed. 



1 6 5 






Tuesday, March 2, 1897. 
10.30 o'clock, a. m. 



Convention met pursuant to adjournment, and was called 
to order by the Secretary. 

Upon motion by Mr. Dasey, Mr. Cavender was elected 
President pro tempore. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Burris, Cannon, 
Carlisle, Cavender, Clark, Cooch, Dasey, Donahoe, Ellegood, 
Evans, Gilchrist, Hearne, Horsey, Johnson, Martin, Moore, 
Murray, Pratt, Richards, Sapp, Saulsbury, Spruance, Wright. 

Journal read and appro\ r ed. 

Mr. Ellegood presented a petition, signed by James E. 
Thomas and 77 others, praying for the principle of referendum, 

Which, upon his motion, was referred, without reading, to 
the Committee on Manufacture and Sale of Intoxicating 
Liquors. 

Mr. Dasey moved that the Convention take a recess until 
11.30 o'clock, a. m., 

Which motion Prevailed. 



Same Day, 11.30 o'clock, a. m. 

At the expiration of the recess the Convention reassem- 
bled. 

Mr. Martin moved that when the Convention adjourn it 
will be to meet Monday next, the 8th inst.. at 10.30 o'clock, 
a. m., 

Which motion Prevailed. 



i66 

Mr. Martin moved that the Convention accept the invita- 
tion tendered by the House of Representatives to hear the 
Hon. Win. Jennings Bryan, in the Court House, at 1.45 
o'clock p. m. 

Mr. Spruance moved to amend by substituting the follow- 



ing: 

The Convention tenders its thanks to the House of Repre- 
sentatives for its kind invitation to hear the Hon. Win. 
Jennings Bryan this afternoon., 

Which was adopted. 

Mr. Pratt, on behalf of the Committee on Revenue and 
Taxation, submitted its first report, which, by unanimous con- 
sent, was admitted, and, upon motion by Air. Gilchrist, direct- 
ed to be read, as follows: 

First report of the Committee on Revenue and Taxation. 

Section 1. The General Assembly shall provide by law 
for an annual revenue, which with other resources shall be 
sufficient to defray the estimated expenses of the State for each 
fiscal year. Taxes shall be levied and collected for public pur- 
poses only. They shall be uniform upon the same class of 
subjects within the territorial limits of the authority levying 
the tax, and shall be levied and collected under general laws, 
but the General Assembly may by general laws exempt from 
taxation public property used for public purposes, actual 
places of religious worship, places of burial not used or held 
for private or corporate profit. 

Section 2. Xo bill, from the operation of which, when 
passed into a law. revenue may incidentally arise, shall be ac- 
counted a bill for raising revenue; nor shall any matter or 
clause whatever not immediately relating to and necessary for 
raising revenue be in any manner blended with or annexed to 
a bill for raising revenue. 

Section 3. Xo debt shall be created by or on behalf of 
the State, except to supply casual deficiencies of revenue, repel 
invasions, suppress insurrection, defend the State in war, or to 
pay existing debts; and all laws authorizing the borrowing of 



167 

money by and on behalf of the State shall specify the purpose 
for which the money is to be used, and the money so borrowed 
shall be used for the purpose specified and no other. 

Section 4. No appropriation of the public money shall be 
made to, nor the bonds of this State be issued or loaned to, nor 
shall the credit of the State, by the guarantee or the endorse- 
ment of the bonds or other undertakings of any county, munic- 
ipality or corporation, be pledged otherwise than by enactment 
of the Legislature receiving the affirmative vote of two-thirds 
of all the members elected to each branch thereof, and subse- 
quently approved by a majority of all the votes cast at the next 
general election held after such enactment. 

Section 5. The General Assembly may authorize the 
several counties and incorporated cities and towns of the State 
to assess and impose taxes for county and municipal purposes 
within their own limits. The General Assembly may also pro- 
vide for laying a capitation tax and a tax on licenses, but said 
capitation tax shall not exceed the sum of one dollar a year 
and shall be applied exclusively to common school purposes. 

Section 6. No money shall be drawn from the treasury 
but in consequence of appropriations made by law, and a regu- 
lar statement and account of the receipts and expenditures of 
all public money shall be published annually. 

Section 7. In all assessments of real estate for taxation, 
the value of the land and the value of the buildings and im- 
provements thereon shall be included. The foregoing provis- 
ions of this section shall apply to all assessments of real estate 
for taxation for State, county, hundred, school, municipal or 
other public purposes. 

NATHAN PRATT. 
E. N. MOORE, 
EDWARD D. HEARNE. 
D. S. CLARK, 
J. WILKIN'S COOCH. 

Mr. Pratt moved that the Committee on Printing have 



i68 

printed 500 copies of the first report of the Committee on Rev- 
enue and Taxation, 

Which motion Prevailed. 

Mr. Pratt moved that the first report of the Committee on 
Revenue and Taxation be referred to the Committee of the 
Whole, 

Which motion Prevailed. 

Motion to adjourn prevailed. 



169 



Monday, March 8, i'J 



V 



10.30 o'clock, a. m. 

Convention met pursuant to adjournment, and was called 
to order by the Secretary. 

Upon motion of Mr. Dasey, Mr. Cooper was elected 
President pro tempore. 

Prayer by Rev. Mr. Vincent. 

Roll called. Members present: Messrs. Burris, Cannon, 
Cavender, Clark, Cooch, Cooper, Dasey, Donahoe, Ellegood, 
Evans, Gilchrist, Horsey, Hering, Johnson, Martin, Moore, 
Murray, Orr, Pratt, Sapp, Saulsbury, Smithers, Spruance, 
Wright. 

Journal read and approved. 

Mr. Ellegood presented bill of Guyer & Hardesty for 
$484.40, which, upon his motion, was referred to Committee 
on Accounts. 

On motion of Mr. Pratt, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
report of the Committee on Revenue and Taxation, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President pro tempore resumed the chair, when Mr. 
Gilchrist reported that the Committee of the Whole, having 
had under consideration the first report of the Committee on 
Revenue and Taxation, report progress and ask leave to sit 
again. 

Mr. Cooch moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



170 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

Air. Saulsbury presented bill of S25, from Thomas M. 
Gooden, Postmaster, 

Which, upon his motion, was referred to the Committee 
on Accounts. 

Air. Spruance presented bills, as follows: 

Charles G. Guyer, typewriting $25.00. 

Journal Printing Co., printing, 1.69. 

Which, upon his motion, were referred to the Committee 
on Accounts. 

On motion of Air. Pratt, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
report of the Committee on Revenue and Taxation, 

Air. Gilchrist in the chair. 

After some time spent therein the Committee of the 
Whole rose. 

The President pro tempore resumed the chair, when Mr. 
Gilchrist reported that the Committee of the Whole, having 
had under consideration the first report of the Committee on 
Revenue and Taxation, report progress and ask leave to sit 
again. 

Air. Pratt moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until to-morrow at 10.30 o'clock, a. m., 
prevailed. 



171 



Tuesday, March 9, 1897. 
10.30 o'clock, a. m. 



' 



Convention met pursuant to adjournment, and was called 
to order by the Secretary, and. upon motion of Mr. Dasey, Mr. 
Hering was elected President pro tempore. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Donahoe, Ellegood, Evans, Gilchrist, Hearne, Horsey, Her- 
ing, Johnson, Martin, Moore, Murray, Pratt, Sapp, Saulsbury, 
Spruance, Wright. 

Journal read and approved. 

Mr. Donahoe asked to be excused from attendance to- 
morrow, which, upon motion of Mr. Gilchrist, was granted. 

Mr. Hearne asked that the Secretary, Mr. Jones, be ex- 
cused from attendance to-morrow, which, upon motion of Mr. 
Clark, was granted. 

On motion of Mr. Cooch, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
report of the Committee on Revenue and Taxation, 

Mr. Clark in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

• The President pro tempore resumed the chair, when Mr. 
'Clark reported that the Committee of the Whole, having had 
under consideration the first report of the Committee on 
Revenue and Taxation, report progress and ask leave to sit 



IJ2 

Mr. Carlisle moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 2.30 o'clock, p. m.. prevailed. 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

President Biggs in the chair. 

On motion of Mr. Cooch. the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
report of the Committee on Revenue and Taxation, 

Mr. Clark in the chair. 

After some time spent therein, the Committee of the 
Wnole rose. 

the President resumed the Chair, when Mr. Clark report- 
ed that the Committee of the Whole, having had under con- 
sideration the first report of the Committee on Revenue and 
Taxation, report progress and ask leave to sit again. 

Mr. Moore moved that the Committee of the Whole have 
leave to sit again. 

Which motion Prevailed. 

Mr. Cavender offered, as an additional section to the first 
report of the Committee on Revenue and Taxation, the follow- 
ing, which he read : 

Xo county, city, town or other municipality shall loan its 
credit, or appropriate money to, or assume the debt or become 
a shareholder or joint owner in or with any private corpora- 
tion, or any person or company whatever. Neither shall any 
county school district or municipal corporation become in- 



173 

debted, in any manner or for any purpose, to an amount, ex- 
cluding indebtedness existing at the adoption of this Constitu- 
tion, in the aggregate exceeding . . per centum on the value of 
the taxable property therein, to be ascertained by the last 
assessment for county taxes, prior to the incurring such in- 
debtedness, and all contracts by which indebtedness' beyond 
such limits would be incurred by any municipal corporation 
shall be void. 

Any county, school district or municipal corporation in- 
curring any indebtedness shall, at or before the time of so do- 
ing, provide for the collection of an annual tax sufficient to pay 
the interest and also the principal thereof within .... years. 

Upon his motion the proposed section was referred to the 
Committee on Revenue and Taxation. 

Motion to adjourn until to-morrow at 10.30 o'clock, a. m., 
prevailed. 



174 



Wednesday, March 10, 1897. 
10.30 o'clock a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Dasey, Ellegood, 
Evans, Gilchrist, Hearne, Hering, Johnson, Martin, Moore, 
Murray, Orr, Pratt, Richards, Saulsbury, Smithers, Spruance, 
Wright, Mr. President. 

Journal read and approved. 

Mr. Pratt moved that the Committee on Corporations be 
increased by the addition of two members, 

Which motion Prevailed. 

The chair appointed as the additional members, Messrs. 
Bradford and Cooper. 

On motion of Mr. Martin, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
report of the Committee on Revenue and Taxation, 

Mr. Evans in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Evans re- 
ported that the Committee of the Whole, having had under 
consideration the first report of the Committee on Revenue 
and Taxation, requests that it be referred back to the standing 
committee on the subject. 

Mr. Spruance moved that the report be accepted, 

Which motion Prevailed. 

Motion to adjourn until 2.30 o'clock, p. m., to-day, pre- 
vailed. 



175 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

Called to order by Assistant Secretary, Mr. Morgan T. 
Gum. 

On motion of Mr. Ellegood, Mr. Johnson was elected 
President pro tempore. 

Mr. Moore presented a communication from the Wil- 
mington Preachers' Association, which, upon his motion, was 
read, and further, on his motion, was referred to the Com- 
mittee on Crimes and Punishments. 

Motion to adjourn until to-morrow at 10.30 o'clock, a. m., 
prevailed. 



i 7 6 



Thursday, March n, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. Bishop Walden. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey,. 
Donahoe, Ellegood, Evans, Gilchrist, Hearne, Horsey, Her- 
ing, Johnson, Martin, Moore, Murray, Orr, Pratt, Richards, 
Sapp, Saulsbury, Smithers, Spruance, Wright, Air. President. 

Journal read and approved. 

Air. Ellegood presented a petition praying for the princi- 
ple of referendum to be incorporated in the Constitution, en- 
dorsed hy forty-two signers, which, upon his motion, was 
referred to the Committee on [Manufacture and Sale of Intoxi- 
cating liquors. 

Air. Saulsbury presented a communication from Air. Wm. 
T. Smithers, which, on his motion, was read, and further, on 
his motion, was referred to the Committee on Accounts. 

Air. Saulsbury, from the Committee on Accounts, sub- 
mitted the following report : 

The Committee on Accounts, to whom was referred the 
request of Air. Smithers, a member of the Convention, for an 
advance of $175.00 on account of salary, recommends the 
adoption of the following resolution: 

Resolved, That the sum of one hundred and seventy- 
five dollars be advanced to William T. Smithers, on account of 
salary as a member of this Convention, and the President of 
the Convention is hereby authorized to draw his warrant upon 
the State Treasurer for the payment of the same. 

Air. Saulsbury moved the adoption of the report and reso- 
lution, 



177 

Which motion Prevailed. 

Mr. Horsey asked for leave of absence for to-morrow, and, 
upon motion by Mr. Martin, it was granted. 

The President presented a communication from the Dem- 
ocratic League of Delaware, which was read. 

Mr. Dasey presented a communication from Mrs. Annie 
Wilson Hearne, and, on motion of Mr. Martin, it was read as 
follows, and ordered to be spread on the Journal: 

Georgetown, Delaware, 
"March nth, 1897. 

To the members of the Constitutional Convention of the State 
of Delaware, 

Gentlemen: — Mr. Hearne joins me in thanking you for 
the beautiful and valuable silver ice-cream dish which you 
kindly presented to me on the occasion of our marriage on the 
17th ultimo. I accept the present as a sincere expression of 
your good-will toward us and as an earnest of your w T ell wishes 
for our future domestic happiness and material prosperity, and 
I assure you that I shall ever cherish the same as a token of the 
friendship of the individual members of the Convention for Mr 
Hearne and myself. 

Very respectfully, 

ANNIE WILSON HEARNE. 

Motion to adjourn until 2.30 o'clock this afternoon, pre- 
vailed. 



1 7 8 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Saulsbury, from the Committee on Accounts, submit- 
ted the following report: 

The Committee on Accounts, to whom sundry bills were 
referred, recommends the adoption of the following resolution: 

Resolved, That the following claims on account of the 
current expenses of the Convention be allowed, and the Presi- 
dent of the Convention is hereby authorized to draw warrants, 
upon the State Treasurer for the payment of the same: 

Adams Express Company, . . .$ 0.70. 

The Argus Company, 65.00. 

George P. Jarrell, i3-!0. 

E. R. S. Butler, 22.70. 

The Journal Printing Company, 1.69. 

Charles G. Guyer 13.80. 

Thomas M. Gooden, postmaster, 25.00. 

Guyer & Hardesty 484.40 

Mr. Cooch moved that the report of the Committee on 
Accounts be accepted, 

Which motion Prevailed. 

Mr. Johnson presented and read the following resolution: 
Resolved, That the Secretary of this Convention be and he 
is hereby instructed to suitably acknowledge the receipt of the 
courteous invitation received this morning from the Secretary 
of the Democratic League of Delaware at Wilmington, to hear 
an address by Senator Tillman, of South Carolina, and inform 
him that the Convention finds it inconvenient to attend, 

And moved its adoption, 

Which motion Prevailed. 

Motion to adjourn until to-morrow at 10.30 o'clock, a. m., 
prevailed. 



179 



Friday, March 12, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messers. Bradford, Bur- 
ns, Cannon, Cavender, Clark, Cooper, Dasey, Donahoe, Elle- 
good, Evans, Gilchrist, Hearne, Hering, Martin, Moore, Mur- 
ray, Orr, Pratt, Richards, Sapp, Saulsbury, Smithers, Spru- 
ance, Wright, Mr. President. 

Journal read and approved. 

Mr. Pratt submitted the second report of the Committee 
on Revenue and Taxation, 

Which, upon motion by Mr. Cavender, was received and 
read as follows: 

Second report of the Committee on Revenue and Taxa- 
tion: 

Section 1. All taxes shall be uniform upon the same class 
of subjects within the territorial limits of the authority levying 
the tax, and shall be levied and collected under general laws, 
but the General Assembly may by general laws exempt from 
taxation such property as in the opinion of the General Assem- 
bly will best promote the public interests. 

Section 2. All bills for raising revenue shall originate in 
the House of Representatives; but the Senate may propose al- 
terations as on other bills; and no bill, from the operation of 
which, when passed into a law, revenue may incidentally arise, 
shall be accounted a bill for raising revenue; nor shall any mat- 
ter or clause whatever not immediately relating to and neces- 
sary for raising revenue be in any manner blended with or an- 
nexed to a bill for raising revenue. 

Section 3. No money shall be borrowed or debt created 
by or on behalf of the State but pursuant to an act of the Gen- 



i8o 

eral Assembly which shall receive the concurrence of three- 
fourths of all the members elected to each House, except to 
supply occasional deficiencies of revenue, repel invasion, sup- 
press insurrections, defend in the State in war, or pay existing 
debts ; and any law authorizing- the borrowing of money by or 
on behalf of the State shall specify the purpose for which the 
money is to"be borrowed, and the money so borrowed shall be 
used exclusively for such purpose; but should the money so 
borrowed, or any part thereof, be left after the abandonment of 
such purpose or the accomplishment thereof, such money or 
the surplus thereof may be disposed of according to law. 

Section 4. Xo appropriation of the public money shall be 
made to, nor the bonds of this State be issued or loaned to, nor 
shall the credit of the State, by the guarantee or the endorse- 
ment of the bonds or other undertakings of any county, mu- 
nicipality or corporation, be pledged otherwise than by enact- 
ment of the Legislature receiving the affirmative vote of three- 
fourths of all the members elected to each branch thereof. 



Section 5. The General Assembly may also provide for 
levying a capitation tax upon every male citizen of the State of 
the age of twenty-one years and over, but said capitation tax 
shall not exceed the sum of one dollar a year and shall be used 
exclusively in the county in which it is collected and for main- 
taining the roads and bridges of such county. 

Section 6. Xo money shall be drawn from the treasury 
but pursuant to an appropriation made by bill enacted into law, 
and a regular account of the receipts and expenditures of all 
public money shall be published annually, provided, however, 
that the compensation of members of the General Assem- 
bly and all expenses connected with the session thereof may be 
paid out of the treasury pursuant to a joint resolution in that 
behalf. 

Section 7. In all assessments of real estate for taxation, 
che value of the land and the value of the buildings and im- 
provements thereon shall be included. And in all assessments 
of the rental value of real estate for taxation, the rental value of 
the land and the rental value of the buildings and the im- 
provements thereon shall be included. The foregoing provis- 
ions of this section shall apply to all assessments of real estate 



i8l 

or the rental value thereof for the taxation for State, county, 
hundred, school, municipal or other public purposes. 

Section 8. No county, city, town or other municipality 
shall loan its credit or appropriate money to, or assume the 
debt or become a shareholder or joint owner in or with, any 
private corporation or any person or company whatever. 
Neither shall any county, school district or municipal corpo- 
ration become indebted in any manner or for any purpose to an 
amount exceeding ten per centum on the assessed value of the 
real estate therein, said value to be ascertained by the last 
assessment for county taxes prior to the incurring such indebt- 
edness, and all contracts by which indebtedness beyond such 
limits would be incurred by any municipal corporation shall 
he void. Any county, school district or municipal corporation 
incurring any indebtedness shall, at or before the time of so 
doing, provide for the collection of an annual tax sufficient to 
pay the interest and also the principal thereof within twenty 
years. 

NATHAN PRATT, 

E. N. MOORE, 

EDWARD D. HEARNE, 

D. S. CLARK, 

J. WILKINS COOCH. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



Same Day, 2.30 o'clock, p. m. 
Convention met pursuant to adjournment. 
The Convention was called to order by the Secretary. 

On motion of Mr. Dasey, Mr. Cooper was elected Presi- 
dent pro tempore. 

Motion to adjoun until Monday morning at 10.30 o'clock, 
a. m.j prevailed. 



182 



Monday, March 15, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment, and was called 
to order by the Secretary. 

Upon motion of Mr. Spruance, Mr. Cavender was elected 
President pro tempore. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs, Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Donahoe, Ellegood, Evans, Gilchrist, Hearne, Horsey, Hering, 
Johnson, Martin, Moore, Murray, Pratt, Sapp, Saulsbury, 
Smithers, Spruance, Wright. 

Journal read and approved. 

Mr. Carlisle presented a communication, which, upon his 
motion, was referred to the Committee on Elections. 

Mr. Ellegood presented bill of Guyer & Hardesty for 
$305.40, which, upon his motion, was referred to the Commit- 
tee on Accounts. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



i33 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment, and was called 
to order by President Biggs. 

Mr. Spruance submitted the second report of the Com- 
mittee on Judiciary, which was read, as follows : 

Second report of the Committee on the Judiciary. 

The Committee on the Judiciary recommends that the fol- 
lowing be substituted for Article VI of the Constitution: 

ARTICLE' VI. 

Section 1. The judicial power of this State shall be 
vested in a Supreme Court, a Superior Court, a Court of Chan- 
cery, an Orphans' Court, a Court of Oyer and Terminer, a 
Court of General Sessions, a Register's Court, Justices of the 
Peace and such other courts as the General Assembly, with the 
concurrence of two-thirds of all the members elected to each 
House, shall from time to time by law establish. 

. Section 2. There shall be six State judges; one of them 
shall be Chancellor, one of them Chief Justice and the other 
four of them Associate Judges. 

The Chancellor, Chief Justice and one of the Associate 
Judges may be appointed from and reside in any part of the 
State. The other three Associate Judges may be appointed 
from any part of the State, but no two of them shall reside in 
the same county. 

In case the commissions of two or more of the Associate 
Judges shall be of the same date, they shall, as soon as conven- 
iently may be after their appointment, determine their seniority 
by lot, and certify the result to the Governor. 

Section 3. The Chancellor, Chief Justice and Associate 
Judges shall be appointed by the Governor, by and with the 



184 

consent of three-fifths of all the members elected to the Senate, 
for the term of twelve years, if they shall so long behave them- 
selves well, and if a vacancy shall occur, by expiration of term 
or otherwise, at a time when the Senate shall not be in session, 
the Governor shall within thirty days after the happening of 
any such vacancy convene the Senate for the purpose of con- 
firming his appointment to fill said vacancy, and such other ex- 
ecutive business as may come before it for action. Such va- 
cancy shall be filled as aforesaid for the full term. 

The said appointments shall be such, that no more than 
three of the said six judges, in office at the same time, shall 
have been appointed from the same political party. 

Section 4. Any of the said judges shall have the right to 
resign his office after reaching the age of seventy years, and 
thereafter receive the full salary attached to the office until the 
end of the term for which he was appointed, provided, that dur- 
ing said term and before his resignation, he shall have contin- 
ued in the active discharge of his office for at least one-half of 
said term. 

Section 5. The Chancellor, Chief Justice and Associate 
Judges shall respectively receive from the State for their ser- 
vices a compensation which shall be fixed by law and paid 
quarterly, and shall not be less than the annual sum of three 
thousand dollars, and they shall not receive any fees or perqui- 
sites in addition to their salaries for business done by them, ex- 
cept as provided by law. They shall hold no other office of 
profit. 

Section 6. The Chief Justice and the four Associate 
Judges shall be the judges of the Superior Court, the Court of 
General Sessions and the Court of Oyer and Terminer. 

They shall designate those of their number who shall hold 
the said courts in the several counties ; but no more than three 
of them shall sit together in any of the said courts. In each of 
the said courts the Chief Justice, when present, shall preside, 
and in his absence the senior Associate Judge present shall 
preside. Two shall constitute a quorum in the said courts 
respectively, but one may open and adjourn court. 



i85 

Section 7. The Superior Court shall have jurisdiction of 
all causes of a civil nature, real, personal and mixed, at com- 
mon law, and all other the jurisdiction and powers vested by 
the laws of this State in the Superior Court. 

Section 8. The Court of General Sessions shall have all 
the jurisdiction and powers vested by the laws of this State in 
the Court of General Sessions of the Peace and Jail Delivery. 

Section 9. The Court of Oyer and Terminer shall have 
all the jurisdiction and powers vested by the laws of this State 
in the Court of Oyer and Terminer. 

Section 10. Two sessions of the Superior Court, Court of 
General Sessions or Court of Oyer and Terminer may at the 
same time be held in the same county or in different counties, 
and the business in the several counties may be distributed and 
apportioned in such manner as shall be provided by the rules 
of the said courts respectively. 

Section 11. The Chancellor shall hold the Court of 
Chancery. This court shall have all the jurisdiction and pow- 
ers vested by the laws of this State in the Court of Chancery. 

Section 12. The Orphans' Court in each county shall 
consist of the Chancellor and the Associate Judge required to 
reside in the county. The Chancellor, when present, shall pre- 
side. One of them shall constitute a quorum. 

When their opinions are opposed, or when the decision is 
made by one of them, or when the decision is made by both of 
them in matters involving a right to real estate or the ap- 
praised value or other value thereof, there shall be an appeal to 
the Superior Court for the county, which shall have final ju- 
risdiction in every such case. Upon such appeal if the Asso- 
ciate Judge sat in the cause below, he shall not sit in the Supe- 
rior Court. In all other cases the decision of the Orphans 5 
Court shall be final. 

This court shall have all the jurisdiction and powers vested 
by the laws of this State in the Orphans' Court. 

Section 13. The Supreme Court shall have jurisdiction, 
as follows: 



186 

1. To issue writs of error to the Superior Court and to 
determine finally all matters in error in the judgments and pro- 
ceedings of said Superior Court. 

2. To issue upon application of the accused, after con- 
viction and sentence, writs of error to the Court of Oyer and 
Terminer and the Court of General Sessions in all cases in 
which the sentence shall be death, or imprisonment exceeding- 
six months, and in such other cases as shall be provided by 
law; and to determine finally all matters in error in the judg- 
ments and proceedings of said Court of Oyer and Terminer 
and Court of General Sessions in such cases; provided, how- 
ever, that there shall be no writ of error to the Court of Gen- 
eral Sessions in cases of prosecutions under Section 2 of Arti- 
cle — of this Constitution. 

3. To receive appeals from the Court of General Ses- 
sions in cases of prosecutions under Section 2 of Article — of 
this Constitution, and to determine finally all matters of appeal 
in such cases. 

4. To receive appeals from the Court of Chancery, and 
to determine finally all matters of appeal in the interlocutory or 
final decrees and proceedings in Chancery. 

Section 14. The Supreme Court upon a writ of error to 
the Superior Court, Court of Oyer and Terminer, or Court of 
General Sessions, or upon appeal from the Court of General 
Sessions, shall consist of the Chancellor and such of the other 
five judges as did not sit in the cause below. The Chancellor 
when present shall preside, and in his absence the Chief Justice 
when present shall preside, and in his absence the senior Asso- 
ciate Judge present shall preside. Any three of them shall 
constitute a quorum, and one of them may open and adjourn 
the court. 

Section 15. The Supreme Court upon an appeal from the 
Court of Chancery shall consist of the Chief Justice and the 
four Associate Judges. 

The Chief Justice when present shall preside, and in his 
absence the senior Associate Judge present shall preside. Any 
three of them shall constitute a quorum, and one of them may 
open and adjourn the court. 



i87 

Section 16. Whenever the Superior Court, Court of 
Oyer and Terminer or Court of General Sessions shall con- 
sider that a question of law ought to be heard by the Court in 
Banc, they shall have power, upon application of either party, 
to direct it to be so heard; and in that case the Court in Banc 
shall consist of the Chief Justice and the four Associate Judges. 
The Chief Justice when present shall preside, and in his ab- 
sence the senior Associate Judge present shall preside. Any 
four of them shall constitute a quorum, and one of them may 
open and adjourn the court. 

The Superior Court, Court of Oyer and Terminer or 
Court of General Sessions in exercising this power, may direct 
a cause to be proceeded in to verdict or judgment in that 
court, or to be otherwise proceeded in, as shall be best for ex- 
pediting justice. 

Section 17. In matters of chancery jurisdiction in which 
the Chancellor is interested or otherwise disqualified, the 
Chief Justice shall have jurisdiction, and there shall be an ap- 
peal to the Supreme Court, which shall in this case consist of 
the four Associate Judges, the senior Associate Judge present 
presiding. Any three of them shall constitute a quorum, and 
one of them mav open and adjourn the court. 

Section 18. The Governor shall have power to commis- 
sion a judge ad litem for the purpose of constituting a quorum 
in the Superior Court, Court of Oyer and Terminer. Court of 
General Sessions or Supreme Court, where by reason of legal 
exception to the Chancellor or any judge a quorum could not 
otherwise be had. The commission in such case shall confine 
the office to the cause, and it shall expire on the determination 
of the cause. The judge so appointed shall receive a reason- 
able compensation to be fixed by the General Assembly. A 
member of Congress, or any person holding or exercising an 
office under the United States, shall not be disqualified from 
being appointed a judge ad litem. 

Section 19. The jurisdiction of each of the aforesaid 
courts shall be co-extensive with the State. Process may be 
issued out of each court, in either county, into every county. 



Section 20. The General Assembly, notwithstanding any- 
thing contained in this Article, shall have power to repeal or 
alter any act of the General Assembly giving jurisdiction to 
the Court of Oyer and Terminer, the Superior Court, the 
Court of General Sessions of the Peace and Jail Delivery, the 
Orphans' Court, or the Court of Chancery, in any matter, or 
giving any power to either of said courts. The General As- 
sembly shall also have power to confer upon the Court of Oyer 
and Terminer, the Superior Court, the Court of General Ses- 
sions, the Orphans' Court and the Court of Chancery jurisdic- 
tion and powers additional to those hereinbefore mentioned. 
Until the General Assembly shall otherwise direct, there shall 
be an appeal to the Supreme Court in all cases in which there 
is an appeal, according to any act of the General Assembly, to 
the Court of Errors and Appeals. 

Section 21. Until the General Assembly shall otherwise 
provide, the Chancellor shall exercise all the powers which any 
law of this State vests in the Chancellor, beside the general 
powers of the Court of Chancery ; and the Chief Justice and 
Associate Judges shall each singly exercise all the powers 
which any law of this State vests in the judges singly of the 
Superior Court. 

Section 22. Judges shall not charge juries with respect 
to matters of fact, but may state the questions of fact in issue 
and declare the law. 

Section 23. In civil causes where matters of fact are at 
issue, if the parties agree, such matters of fact shall be tried by 
the court, and judgment rendered upon their decision thereon 
as upon a verdict by a jury. 

Section 24. In civil causes, when pending, the Superior 
Court shall have the power, before judgment, of directing 
upon such terms as they shall deem reasonable, amendments, 
impleadings and legal proceedings, so that by error in any of 
them, the determination of causes, according to their real 
merits, shall not be hindered; and also of directing the exami- 
nation of witnesses that are aged, very infirm, or going out of 
the State, upon interrogatories de bene esse, to be read in evi- 
dence, in case of the death or departure of the witnesses before 
the trial or inability by reason of age, sickness, bodily infirm- 



ity, or imprisonment, then to attend ; and also the power of ob- 
taining evidence from places not within the State. 

Section 25. At any time pending an action for debt or 
damages, the defendant may bring into court a sum of money 
for discharging the same, together with the cost then accrued, 
and the plaintiff not accepting the same, if upon the final decis- 
ion of the cause he shall not recover a greater sum than that so 
paid into court for him, he shall not recover any costs accruing 
after such payment, except where the plaintiff is an executor or 
administrator. 

Section 26. By the death of any party, no suit in chan- 
cery or at law, where the cause of action survives, shall abate, 
but until the General Assembly shall otherwise provide, sug- 
gestion of such death being entered of record, the executor or 
administrator of a deceased petitioner or plaintiff may prose- 
cute the said suit; and if a respondent or defendant dies, the ex- 
ecutor or administrator being duly served with a scire facias, 
thirty days before the return thereof, shall be considered as a 
party to the suit, in the same manner as if he had voluntarily 
made himself a party; and in any of those cases, the court shall 
pass a decree, or render judgment for or against executors or 
administrators, as to right appertains. But where an executor 
or administrator of a deceased respondent or defendant be- 
comes a party, the court upon motion shall grant such a contin- 
uance of the cause as to the judges shall appear proper. 

Section 27. Whenever a person, not being an executor 
or administrator, appeals from a decree of the Chancellor, or 
applies for a writ of error, such appeal or writ shall be no stay 
of proceeding in the chancery, or the court to which the writ 
issues, unless the appellant or plaintiff in error shall give suffi- 
cient security, to be approved respectively by the Chancellor, 
or by a judge of the court from which the writ issues, that the 
appellant or plaintiff in error shall prosecute respectively his 
appeal or writ to effect, and pay the condemnation money and 
all cost, or otherwise abide the decree in appeal or the judg- 
ment in error, if he fails to make his plea good. 

Section 28. No writ of error shall be brought upon any 
judgment heretofore confessed, entered or rendered, but within 
five years from this time; nor upon any judgment hereafter to 



190 

be confessed, entered or rendered, but within five years after 
the confessing, entering, or rendering thereof; unless the per- 
son entitled to such writ be an infant, feme covert, non compus 
mentis, or a prisoner, and then within five years exclusive of 
the time of such disability. 

Section 29. The Prothonotary of the Superior Court may 
issue process, take recognizances of bail and enter judgments, 
according to law and the practice of the court. No judgment 
in one county shall bind lands or tenements in another, until 
a testatum fieri facias being issued, shall be entered of record 
in the office of the prothonotary of the county wherein the 
lands or tenements are situate. 

Section 30. The General Assembly may by law give to 
any inferior courts by them established, or to be established, 
or to one or more justices of the peace, jurisdiction of criminal 
matters where the punishment cannot exceed a fine of fifty dol- 
lars, or imprisonment for thirty days, or both. The General 
Assembly may by law regulate this jurisdiction, and provide 
that the proceedings shall be with or without indictment by 
grand jury, or trial by petit jury, and may grant or deny the 
privilege of appeal to the Court of General Sessions. The 
matters within this section are hereby expected and excluded 
from the provision of the Constitution, that "no person shall 
for any indictable offence be proceeded against criminally by 
information" and also from the provisions of the Constitution 
concerning trial by jury. 

Section 31. There shall be appointed, as hereinafter pro- 
vided, such number of persons to the office of Justice of the 
Peace as shall be provided by law, who shall be commissioned 
for five years, if so long they shall behave themselves well. 

Section 32. Justices of the Peace and the judges of such 
courts as the General Assembly may establish pursuant to the 
provisions of Section 1 or Section 30 of this Article shall be ap- 
pointed by the Governor, by and with the consent of three- 
fifths of all the members elected to the Senate, for such terms 
as shall be fixed by this Constitution or by law, if so long they 
shall behave themselves well; and if a vacancy shall occur, by 
expiration of term or otherwise, at a time when the Senate 



i9i 

shall not be in session such vacancy shall be filled by appoint- 
ment by the Governor until the Senate shall next be in session. 

Section 33. The Governor may for any reasonable cause, 
in his discretion, remove any judge or justice of the peace on 
the address of two-thirds of all the members elected to each 
House of the General Assembly. In all cases where the Gen- 
eral Asembly shall so address the Governor, the cause of re- 
moval shall be entered on the journals of each House. The 
person against whom the General Assembly may be about to 
proceed shall receive such notice thereof, accompanied with 
the cause alleged for his removal, at least ten days before the 
day on which either House of the General Assembly shall act 
thereupon. 

Section 34. The Registers of Wills of the several counties 
shall respectively hold the Register's Court in each county. 
Upon the litigation of a cause the depositions of the witnesses 
examined shall be taken at large in writing, and make part of 
the proceedings in the cause. This court may issue process 
throughout the State to compel the attendance of witnesses. 
Appeals may be made from a Register's Court to the Superior 
Court, whose decisions shall be final. In cases where a Reg- 
ister of Wills is interested in questions concerning the probate 
of wills, the granting of letters of administration, or executors' 
or administrators' accounts, the cognizance thereof shall be- 
long to the Orphans' Court, with an appeal to the Superior 
Court, whose decision shall be final. 

Section 35. An executor or administrator shall file 
every account with the Register of Wills for the county, who 
shall, as soon as conveniently may be, carefully examine the 
particulars with the proofs thereof, in the presence of such ex- 
ecutor or administrator, and shall adjust and settle the same. 
according to the very right of the matter, and the law of the 
land ; which account so settled shall remain in his office for in- 
spection; and the executor or administrator shall within three 
months after such settlement give notice in writing to all per- 
sons entitled to shares of the estate, or to their guardians res- 
pectively, if residing within the State, that the account is 
lodged in the said office for inspection. 

Exceptions may be made by persons concerned to both 






192 

sides of every such account, either denying the justice of the al- 
lowances made to the accountant, or alleging further charges 
against him ; and the exceptions shall be heard in the Orphans' 
Court for the county; and thereupon the account shall be ad- 
justed and settled according to the right of the matter and law 
of the land. 

Section 36. The stvle in all process and public acts shall 
be the THE STATE OF DELAWARE. Prosecutions shall 
be carried on in the name of the State. 

W. C. SPRUANCE, 
MARTIX B. BURRIS, 
EDWARD D. HEARXE, 
CHARLES F. RICHARDS, 
GEORGE H. MURRAY, 
WOODBURX MARTIX, 
WILSOX T. CAYEXDER, 
EDWARD G. BRADFORD. 

Mr, Spruance moved that the Committee on Printing have 
500 copies of the second report of the Committee on the Judici- 
ary printed, 

Which motion Prevailed 

Mr. Spruance moved that the second report of the Com- 
mittee on the Judiciary be referred to the Committee of the 
Whole, 

Which motion Prevailed. 

On motion of Mr. Pratt, the Convention resolved itself 
into Committee of the Whole for the consideration of the sec- 
ond report of the Committee on Revenue and Taxation, 

Mr. Gilchrist in the chair. 

After some time spent therein Committee of the Whole 
rose. 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 



193 

consideration the second report of the Committee on Revenue 
and Taxation, report progress and ask leave to sit again, 

Mr. Dasey moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until to-morrow at 10.30 o'clock, a. m., 
prevailed. 






13-e 



194 



Tuesday, March 16, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. T. P. Revelle. 

Roll called. Members present: Messrs. Bradford, Can- 
non, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, Dona- 
hoe, Evans, Gilchrist, Hearne, Horsey, Hering, Johnson, Mar- 
tin, Moore, Murray, Pratt, Sapp, Saulsbury, Smithers, Spru- 
ance, Wright, Mr. President. 

Journal read and approved. 

On motion of Mr. Pratt, the Convention resolved itself 
into Committee of the Whole for the consideration of the sec- 
ond report of the Committee on Revenue and Taxation, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 
consideration the second report of the Committee on Revenue 
and Taxation, report progress and ask leave to sit again. 

Mr. Dasey moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



195 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

On motion of Mr. Pratt, the Convention resolved itself 
into Committee of the Whole for the consideration of the sec- 
ond report of the Committee on Revenue and Taxation, 

Mr. Gilchrist in the chair. 

After some time spent therein the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 
consideration the second report of the Committee on Revenue 
and Taxation, report to the Convention the adoption, with the 
amendments, by the. Committee of the Whole, of Sections 1, 2» 
3, 4, 6, 7 and that portion of Section 8 down to the word 
"Neither" in the fifth line, and that the Committee of • the 
Whole recommend that the remaining portion of Section 8 be 
recommitted to the standing committee, and that the Com- 
mittee of the Whole have leave to sit again in reference to Sec- 
tion 5. 

Mr. Carlisle moved that the report be accepted and the 
leave asked for be granted, 

Which motion Prevailed. 

Mr. Spruance moved that that part of Section 8 after the 
word '"whatever" in line five be recommitted to the standing 
Committee on Revenue and Taxation, 

Which motion Prevailed. 

Motion to adjourn until to-morrow 10.30 o'clock, a. m.. 
prevailed. 



196 



Wednesday, March 17, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. Mr. Vincent. 

Roll called. Members present: Messrs. Burris, Cannon, 
Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, Donahoe, 
Ellegood, Evans, Gilchrist, Hearne, Horsey, Hering, Johnson, 
Martin, Moore, Orr, Pratt, Sapp, Saulsbury, Smithers, Wright, 
Mr. President. 

Journal read and approved. 

Air. Saulsbury presented a communication from C. R. 
Jones, Secretary, which, upon his motion, was referred to the 
Committee on Accounts. 

Mr. Saulsbury, from the Committee on Accounts, sub- 
mitted the following report: 

The Committee on Accounts, to whom were referred the 
bill of Guyer & Hardesty for $305.40, for stenographic report- 
ing, and the request of C. R. Jones, for advance of two hund- 
red dollars on account of salary as Secretary, recommends the 
adoption of the following resolution : 

Resolved, That the President of the Convention be, and 
he is hereby, authorized to draw warrants upon the State 
Treasurer as follows : 

Guyer & Hardesty, for stenographic reporting, $305.40. 

Charles R. Jones, on account of salary as Secretary, . . . 200.00. 

Mr. Cooch moved that the report and resolution be 
adopted, 

Which motion Prevailed. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



197 



Same day, 2 o'clock p. m. 
Convention met pursuant to adjournment. 

On motion of Mr. Pratt, the Convention resolved itself 
into Committee of the Whole for the consideration of part of 
the second report of the Committee on Revenue and Taxation, 

Air. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

Air. Wright was elected President pro tempore, when Mr. 
Gilchrist reported that the Committee of the Whole, having 
had under consideration part of the second report of the Com- 
mittee on Revenue and Taxation, report progress and ask 
leave to sit again. 

Mr. Burris moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until to-morrow 10.30 o'clock, a. m., 
prevailed. 



' 



198 



Thursday, March 18,' 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. Mr. Vincent. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Carlisle, Clark, Cooper, Dasey, Donahoe, Ellegood, Evans, 
Gilchrist, Hearne, Horsey, Hering, Johnson, Martin, Moore, 
Murray, Pratt, Richards, Sapp, Saulsbury, Smithers, Spruance, 
Wright, Mr. President. 

Journal read and approved. 

Mr. Bradford moved that the Convention sit Monday 
night, Tuesday night, Wednesday night and Thursday night of 
each week until its labors are completed or the Convention 
shall otherwise order, 

Which motion Prevailed. 

On motion of Mr. Pratt, the Convention resolved itself 
into Committee of the Whole for the consideration of part of 
*.he second report of the Committee on Revenue and Taxation, 

Mr. Gilchrist in the cnair. 

Alter some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 
consideration part of the second report of the Committee op 
Revenue and Taxation, report the adoption, as amended, of 
Section 5, and recommend its adoption by the Convention. 

Mr. Dasey moved that the report of the Committee of the 
Whole be accepted, 

Which motion * Prevailed. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



199 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

On motion of Mr. Spruance, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
second report of the Committee on the Judiciary, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 
consideration the second report of the Committee on the Judi- 
ciary, report progress and ask leave to sit again. 

Mr. Dasey moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Mr. Cooper moved that the committee who had the room 
prepared have a ventilator fixed in the ceiling, before Monday 
next, 

Which motion Prevailed. 

Motion to adjourn until 10.30 o'clock, a. m., to-morrow, 
prevailed. 



200 



Friday, March 19, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. Mr. Vincent. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Cooch, Cooper, Dasey, Donahoe, Ellegood, 
Evans, Gilchrist, Hearne, Horsey, Johnson, Martin, Murray, 
Orr, Pratt, Richards, Sapp, Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Ellegood presented a communication, which was read 
and, upon his motion, referred to the Committee on Accounts. 

Mr. Ellegood, on behalf of the Committee on Accounts, 
presented the following: 

The Committtee on Accounts, to whom was referred the 
request of Dr. Xathan Pratt for an advance of two hundred 
dollars on account of salary, recommend the adoption of the 
following resolution : 

Resolved, That the President of the Convention be, and 
is hereby, authorized to draw a warrant upon the State Treas- 
urer as follows : 

Hon. Xathan Pratt, $200.00. 

One hundred dollars of the above amount having been 
paid per order Xo. 15, issued January 27, 1897. 

Mr. Martin moved that the report of the Committee on 
Accounts be adopted, 

Which motion Prevailed. 

On motion of Air. Spruance, the Convention resolved it- 
self into Committee of the Whole for the consideration of the 
second report of the Committee on the Judiciary, 

Air. Gilchrist in the chair. 



201 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 
consideration the second report of the Committee on the Judi- 
ciary, report progress and ask leave to sit again. 

Mr. Richards moved that the Committee of the Whole 
have leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



Same Day, 2 o'clock, p. m. 
Convention met pursuant to adjournment. 

The President presented a communication from the Wil- 
mington Annual Conference of the Methodist Episcopal 
Church, which was read, and, upon the motion by Mr. Evans, 
referred to the Committee on the Manufacture and Sale of In- 
toxicating Liquors. 

On motion of Mr. Spruance, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
second report of the Committee on the Judiciary, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr, Gilchrist re- 
ported that the Committee of the Whole, having had under 
consideration the second report of the Committee on the 
Judiciary, report progress and ask leave to sit again. 

Mr. Richards moved that the Committee of the Whole 
have leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until Monday at 10.30 o'clock, a. m., 

prevailed. 



202 



Monday, March 22, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Called to order by the Secretary. 

On motion of Mr. Dasey, Mr. Murray was elected Presi- 
dent pro tempore. 

Prayer by the Rev. T. P. Revelle. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Clark, Cooper, Dasey, Donahoe, Ellegood, Gil- 
christ, Hearne, Horsey, Hering, Johnson, Martin, Moore, 
Murray, Orr, Pratt, Sapp, Smithers, Spruance, Wright, Mr. 
President. 

Journal read and approved. 

Mr. Ellegood presented bill of Guyer & Hardesty for 
$356.40, which, upon his motion, was referred to the Com- 
mittee on Accounts. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



203 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

On motion of Air. Spruance, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
second report of the Committee on Judiciary, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 
consideration the second report of the Committee on Judiciary, 
report progress and ask leave to sit again. 

Mr. Dasey moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Mr. Spruance moved that the first report of the Com- 
mittee on the Judiciary be referred to the Committee of the 
Whole, 

Which motion Prevailed. 

Mr. Bradford moved that when we adjourn it will be to 
meet at 7.30 o'clock p. m., 

• Which motion > Prevailed. 

Motion to adjourn prevailed. 



204 

Same Day, 7.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

On motion of Mr. Spruance, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
first and second reports of the Committee on Judiciary, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 
consideration the first and second reports of the Committee on 
Judiciary, report the adoption of the amended report of the 
Committee on the Judiciary and recommend its adoption by 
the Convention. 

Mr. Spruance moved that the report of the Committee of 
the Whole on the amended report of the Committee on the 
Judiciary be accepted, 

Which motion Prevailed. 

Mr. Spruance moved that the Committee on Printing have 
500 copies of the amended report of the Committee on the 
Judiciary printed, 

Which motion Prevailed. 

Motion to adjourn until 10.30 o'clock, a. m., to-morrow, 
prevailed. . 



205 



Tuesday, March 23, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Dasey, Dona- 
hoe, Ellegood, Evans, Gilchrist, Hearne, Horsey, Hering, 
Johnson, Martin, Moore, Murray, Pratt, Richards, Sapp, 
Saulsbury, Smithers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Spruance, on behalf of the Committee on Elections,, 
presented its fourth report, which was read as follows : 

Fourth report of the Committee on Elections. 

The Committee on Elections recommend that the follow- 
ing section be added to Article IV, as adopted in Committee 
of the Whole: 

Section 6. The presiding election officer of each 
hundred or election district shall, on the day next after the 
general election, deliver one of the certificates of the election, 
made and certified as required by law, together with the bailor 
boxes, containing the ballots, the other certificate oi election 
and such other papers as shall by law be required to be placed 



206 

therein, to the Prothonotary of the Superior Court of the 
county, who shall at 12 o'clock noon on the second day after 
the election present the same to the said court, which shall 
convene for the performance of the duties hereby imposed 
upon it; and thereupon the said court, with the aid of such of 
its officers and such sworn assistants as it shall appoint, shall 
publicly ascertain the state of the election throughout the 
county, by calculating the aggregate amount of all the votes 
for each office that shall be given in all the hundreds and elec- 
tion districts of the county for every person voted for for such 
office. 

In case the certificate of election of any hundred or elec- 
tion district shall not be produced, or in case of complaint 
under oath of fraud or mistake in any such certificate, or in 
case fraud or mistake is apparent on the face of any such cer- 
tificate, the court shall have power to issue summary process 
against the election officers or any other persons to bring 
them forthwith into court with the election papers in their 
possession or control, and to open the ballot boxes and take 
therefrom any paper contained therein, and to make a re-count 
of the ballots contained therein, and to correct any fraud or 
mistake in any certificate or paper relating to such election. 

The said court shall have all other the jurisdiction and 
powers now vested by law in the Boards of Canvass, and such 
other powers shall be provided by law. 

After the state of the election shall have been ascertained 
as aforesaid, the said court shall make certificates thereof, 
under the seal of said court, in the form required by law, and 
transmit, deliver and lodge the same as required by this Con- 
stitution or by law, and deliver the ballot boxes to the sheriff 
of the county, to be by him kept and delivered as required by 
law. 

For the purposes of this section the Superior Court shall 
consist in New Castle county of the Chief Justice and the resi- 
dent Associate Judge; in Kent county of the Chancellor and 
the resident Associate Judge ; and in Sussex county of the resi- 
dent Associate Judge and the remaining Associate Judge. 

Two shall constitute a quorum. The Governor shall have 



20 7 

power to commission a judge for the purpose of constituting 
a quorum when by reason of legal exception to the Chancellor 
or any judge, or for any other cause, a quorum could not 
otherwise be had. 

W. C. SPRUANCE, 

W. T. CAVENDER, 

JOHN W. HERING, 

J. A. ELLEGOOD, 

W. A. CANNON, 

E. W. COOPER, 

EDWARD G. BRADFORD. 

Mr. Spruance moved that the fourth report of the Com- 
mittee on Elections be referred to the Committee of the Whole, 

Which motion Prevailed. 

Mr. Spruance moved that the Committee on Printing have 
ioo copies of the fourth report of the Committee on Elections 
printed, 

Which motion Prevailed. 

Mr. Moore, on behalf of the Committee on Crimes, Pun- 
ishments and Impeachments, submitted its first report, which 
was read, as follows : 

Report of Committee on Crimes, Punishments and Im- 
peachments : 

ARTICLE VI. 

Section I. The House of Representatives shall have the 
sole power of impeaching; but two-thirds of all the members 
must concur in an 'impeachment. All impeachments shall be 
tried by the Senate, and when sitting for that purpose, the Sen- 
ators shall be upon oath or affirmation to do justice according 
to the evidence. No person shall be convicted without the 
concurrence of two-thirds of all the Senators. 

Section 2. The Governor and all other civil officers 
under this State shall be liable to impeachment for treason. 
bribery, or any high crime and misdemeanor in office. Judg- 
ment in such cases shall not extend further than to removal 
from office and disqualification to hold any office of honor. 



208 

trust, or profit, under this State; but the party convicted shall^ 
nevertheless, be subject to indictment, trial, judgment, and 
punishment according to law. 

Section 3. Treason against this State shall consist only 
in levying war against it, or in adhering to the enemies of the 
Government, giving them aid and comfort. No person shall 
be convicted of treason, unless on the testimony of two wit- 
nesses to the same overt act, or on confession in open court. 

Section 4. If any officer whose office is established by 
this Constitution, or shall be established by law, shall become 
incapable of the proper discharge of the duties of his office by 
reason of protracted physical disability or incompetency, or 
from other sufficient cause less than cause of impeachment, 
such officer may be removed by the Governor, application to 
that effect being made to him by a concurrence of two-thirds 
of each branch of the General Assembly. 

E. X. MOORE, 
J. WILKINS COOCH, 
W. T. SMITHERS, 
LOWDER L. SAPP, 
TAS. B. GILCHRIST, 
A. L. JOHNSON. 

Mr. Moore moved that this report be referred to the Com- 
mittee of the Whole, 

Which motion Prevailed. 

Mr. Murray, on behalf of the Committee on Accounts,, 
presented the following: 

The Committee on Accounts, to whom was referred bill 
of Guyer & Hardesty of $356.40, on account of stenographic 
reporting, recommend the adoption of the following resolu- 
tion: 

Resolved, That the President of the Convention be and 
is hereby authorized to draw a warrant upon the State Treas- 
urer in favor of Guyer & Hardesty for $356.40. 

Mr. Ellegood moved that the report be adopted, 

Which motion Prevailed. 



209 

Mr. Ellegood, on behalf of the Committee on Manufac- 
ture and Sale of Intoxicating Liquors, submitted its first re- 
port, which was read, as follows: 

Majority report of the Committee on the Manufacture 
and Sale of Intoxicating Liquors. . 

The Committee on Manufacture and Sale of Intoxicating 
Liquors recommend the adoption of the following, as sections 
in the Constitution of Delaware, to be inserted under an appro- 
priate title: 

Section I. The citizens of this State who shall be quali- 
fied to vote under the provisions of this Constitution may vote 
by districts, as hereinafter provided, for or against the licens- 
ing, of any person or persons, firm or firms, corporation or 
corporations, to manufacture or to sell intoxicating liquors,, 
either spirituous, vinous or malt, in said districts respectively; 
and if a majority of votes cast in any district be against grant- 
ing license, no intoxicating liquors, either spirituous, vinous 
or malt, shall be manufactured or sold within the limits of said 
district, until the will of the people, expressed as hereinafter 
provided, shall be shown to be in favor of granting such 
license. 

Section 2. The first vote under the provisions of this 
Article shall be taken at the general election to be held on 
Tuesday next after the first Monday in November, A. D., 1898, 
and the will of the people as then expressed by the majority of 
the votes cast at such general election shall control the grant- 
ing or withholding of license to manufacture, or sell intoxicat- 
ing liquor, either spirituous, vinous or malt, within the limits 
of said district, until the GeneralAssembly, upon the petition of 
one-fourth of the registered voters of any district, shall pro- 
vide for a vote, for or against license at the general election 
next after the session of the General Assembly, and the will of 
the people as then expressed by the majority of the votes cast 
at such general election shall control the granting or with- 
holding of license to manufacture or to sell intoxicating liquor, 
either spirituous, vinous or malt, within the limits oi said dis- 
trict; and it shall be the duty of the General Assembly, upon 
the petition of one-fourth the registered voters of any district. 
to provide for a vote to be had at the general election next 
1-1 -c 



2IO 

after the session of the General Assembly, and the will of- the 
people as expressed by the majority of votes cast at such gen- 
eral election shall control the granting or withholding of 
license to manufacture or to sell intoxicating liquor, either 
spirituous, vinous or malt, within the limits of said district. 

Section 3. Under the provisions of this Article Sussex 
county shall comprise one district, Kent county one district, 
the City of Wilmington, as its corporate limits now are or as 
they may hereafter be extended, one district and the remaining 
part of New Castle county one district. 

Section 4. The provisions of this Article of the Constitu- 
tion shall not apply to druggists, who may be licensed to sell 
intoxicating liquor for sacramental purposes or for medicinal 
purposes under a prescription from a practicing physician in 
this State, subject to such regulations' as shall be prescribed 
by law; provided, however, no one shall be considered a drug- 
gist within the meaning of this Article, except such person or 
persons as shall have, at the time of application and during the 
time for which license is granted, a stock of drugs of the value 
of one thousand dollars and shall file with the application for 
license a statement showing the value of the stock to be one 
thousand dollars and an affidavit that it will continue to be of 
the same amount during the time for which such license is 
asked. 

Section 5. The General Assembly shall provide neces- 
sary laws to carry out and enforce the provisions of this Arti- 
cle, and shall enact laws governing the manufacture and sale of 
intoxicating liquors under the limitations of this Article of the 
Constitution and provide such penalties as may be necessary 
to enforce the same. 

JOSHUA A. ELLEGOOD, 
WILLIAM A. CANNON, 
CHARLES F. RICHARDS, 
E. N. MOORE, 
LOWDER L. SAPP, 
MARTIN B. BURRIS, 
PARIS T. CARLISLE, JR. 

Mr. Ellegood moved that the report of the Committee on 



211 

Manufacture and Sale of Intoxicating Liquors be referred to 
the Committee of the Whole, 

Which motion Prevailed. 

Mr. Hering submitted a minority report, or substitute for 
the majority report of the Committee on Manufacture and Sale 
of Intoxicating Liquors, which was read, as follows: 

ARTICLE — . 

Section i. The General Assembly may provide by law 
for the submission to the vote of the qualified electors of the 
several counties, hundreds, districts or other territorial divis- 
ions of the State, the question whether the manufacture and 
sale of intoxicating liquors shall be licensed or prohibited with- 
in the limits thereof. 

On motion of Mr. Hering, this minority report was re- 
ferred to the Committee of the Whole. 

Mr. Ellegood moved that the Committee on Printing have 
500 copies of each report submitted from the Committee on 
Manufacture and Sale of Intoxicating Liquors, printed, 

Which motion Prevailed. 

Motion to adjourn until 7.30 o'clock, p. m., prevailed. 



212 



Same Day, 7.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Hering presented a bill for $18.00 from the Sentinel 
Printing Co., which, upon his motion, was referred to the 
Committee on Accounts. 

On motion of Mr. Spruance, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
fourth report of the Committee on Elections, 

Mr. Pratt in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Pratt reported 
that the Committee of the Whole, having had under considera- 
tion the fourth report of the Committee on Elections, report 
the adoption of the fourth report as amended, viz: Section 6, 
by the Committee of the Whole, and recommend its adoption 
by the Convention. 

Mr. Saulsbury moved that the report of the Committee of 
the Whole, on the fourth report from Committee on Elections, 
be accepted, as amended and adopted in Committee of the 
Whole, 

Which motion Prevailed. 

Mr. Spruance moved that the Committee on Printing 
have printed 500 copies of the amended fourth report of Com- 
mittee on Elections, 

Which motion Prevailed. 

On motion of Air. Cooch, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
report of the Committee on Crimes, Punishments and Im- 
peachments, 



213 

Mr. Evans in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Evans report- 
ed that the Committee of the Whole, having had under con- 
sideration the first report of the Committee on Crimes, Punish- 
ments and Impeachments, report the adoption of Sections I, 2 
and 3, as amended, by the Committee of the Whole, and 
recommend their adoption by the Convention. 

Mr. Spruance moved that the report of the Committee of 
the Whole on the first report of the* Committee on Crimes, 
Punishments and Impeachments be accepted, as amended and 
adopted in Committee of the Whole, 

Which motion Prevailed. 

Mr. Cooch moved that the Committee on Printing have 
printed 200 copies of the first report of the Committee on 
Crimes, Punishments and Impeachments, as amended and 
adopted in Committee of the Whole, 

Which motion Prevailed. 

Motion to adjourn until to-morrow at 10.30 o'clock, a. m., 
prevailed. 



2I 4 



Wednesday, March 24, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. C. A. Grise. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Donahoe, Ellegood, Evans, Gilchrist, Hearne, Horsey, John- 
son, Martin, Moore, Murray, Pratt, Richards, Saulsbury, 
Smithers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Richards stated his inability to be present for some 
days, and, upon motion by Mr. Saulsbury, leave of absence was 
granted. 

Mr. Spruance moved that an additional member be ap- 
pointed on the Committee on the Legislature. 

Mr. Saulsbury moved, as an amendment, that Mr. Rich- 
ards have the privilege of substituting some person to attend 
for him in his absence. 

Mr. Cooch moved to postpone action on both resolution 
and amendment, 

Which motion Prevailed. 

Mr. Donahoe asked for leave of absence to-morrow, 
which, upon motion by Mr. Hearne, was granted. 

Mr. Richards moved that the night sessions be dispensed 
with. 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Carlisle, Cavender, Donahoe, Martin, 
Richards. 



215 

Nays — Messrs. Burris, Cannon, Cooch, Cooper, Daseyv 
Ellegood, Evans, Gilchrist, Hearne, Horsey, Hering, Johnson, 
Moore, Murray, Pratt, Saulsbury, Smithers, Spruance, Wright, 
Mr. President. 

Yeas, 5; nays, 20. 

So the question was decided in the negative, and the mo- 
tion was declared lost. 

Mr. Cannon asked for leave of absence, which, upon mo- 
tion of Mr. Hering, was granted. 

Mr. Horsey asked for leave of absence, which, upon mo- 
tion of Mr. Hearne, was granted. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



Same Day, 2.30, p. m. 

Convention met pursuant to adjournment. 

Mr. Richards, on behalf of the Committee on the Legis- 
lature, presented and read its third report, as follows : 

The Senate shall be composed of seventeen members, and 
the Senators shall be chosen for four years. 

The House of Representatives shall be composed of thirty 
five members, who shall be chosen for two years. 

The Senate is hereby divided into seventeen Senatorial 
districts, from each of which shall be chosen one Senator. The 
Senatorial districts shall be numbered from one to seventeen 
inclusive. The State is also hereby divided into thirty-five 
Representative districts, from each of which shall be chosen 
one Representative. The Representative districts shall be 



21 



numbered from one to thirty-five inclusive. The Senatorial 
districts are as follows : 



The Representative districts are as follows : 

■* * * * * * * 

CHARLES F. RICHARDS, 
J. WILKINS COOCH, 
G. H. MURRAY, 
WILLIAM SAULSBURY, 
EDWARD G. BRADFORD, 
WOODBURX MARTIN. 

Mr. Richards moved that this third report from the Com- 
mittee on the Legislature be referred to the Committee of the 
Whole, 

Which motion Prevailed. 

Mr. Martin moved that the Committee on Printing have 
printed ioo copies of the third report of the Committee on the 
Legislature, 

Which motion Was Lost. 

Mr. Johnson moved to reconsider the vote by which the 
motion to have ioo copies printed of the report of the Commit- 
tee on the Legislature, was lost, 

Which motion Prevailed. 

Recurring to the original motion, it prevailed. 

Mr. Bradford moved to adjourn until 7.30 o'clock, p. m. 

Mr. Ellegood moved to amend until to-morrow at 10.30 
o'clock, a. m., 

Which amendment Prevailed. 

The motion, as amended, prevailed. 

And the Convention adjourned until to-morrow, 10.30 
o'clock, a. m. 



2I 7 



Thursday, March 25, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev J. H. Beachamp. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Ellegood, Evans, Gilchrist, Hearne, Horsey, Hering, Johnson, 
Martin, Moore, Pratt, Richards, Sapp, Saulsbury, Smithers, 
Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Biggs moved that Sections 31 and 32 and renumber- 
ing remaining sections of the second report of the Committee 
on the Judiciary, as amended in the Committee of the Whole, 
be referred to the Committee of the Whole. 

Mr. Johnson moved to amend that the whole report be re- 
ferred back, 

Which amendment Was Lost. 

Recurring to the original motion, it prevailed. 

On motion of Mr. Biggs, the Convention resolved itself 
into Committee of the Whole for the consideration of Sections 
31 and 32 and renumbering the remaining sections of the sec- 
ond report of the Committee on the Judiciary, as amended and 
adopted in Committee of the Whole, 

Mr. Moore in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Moore report- 
ed that the Committee of the Whole, having had under consid- 
eration Sections 31 and 32 and had renumbered the remaining 
sections of the second report of the Committee on the Judicia- 



218 

ry, as amended and adopted in Committee of the Whole, and 
further reported Section 31 amended, and Section 32 stricken 
out, and the renumbering of the remaining sections as follows: 
Section 33 was made 32, Section 34 was made 33 and Section 
35 was made 34. 

Mr. Gilchrist moved the acceptance of the report, 

Which motion Prevailed. 

Motion to adjourn until 2 o'clock, p. m. to-day, prevailed. 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

Called to to order by the Secretary. 

Upon motion by Mr. Ellegood, Mr. Saulsbury was made 
President pro tempore. 

Mr. Ellegood moved that when this Convention adjourn 
it be to meet to-morrow at 10.30 o'clock, a. m., 

Which motion Prevailed. 

Motion to adjourn prevailed. 



219 



Friday, March 26, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. Adam Stengle. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dona- 
hoe, Ellegood, Gilchrist, Hearne, Horsey, Hering, Johnson, 
Martin, Moore, Murrav, Pratt, Sapp, Saulsbury, Smithers, 
Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Pratt submitted the second report of the Committee 
on Corporations, which was read, as follows: 

Second report of the Committee on Corporations. 

Section 1. No corporation shall be created or revived by 
special act, but only by or under general law, nor shall any ex- 
isting corporate charter be extended, renewed, altered or 
amended by special act, but only by or under general law: but 
the foregoing provisions shall not apply to municipal corpora- 
ucational purposes, sustained in whole or in part by the State, 
tions or corporations for charitable, penal, reformatory or ed- 
The General Assembly shall, by general law, provide for the 
revocation or forfeiture of the charters of all corporations for 
the abuse, misuse or non-user of their corporate powers, privi- 
leges of franchises. Any proceeding for such revocation or 
forfeiture shall be taken by the Attorney General, as may be 
provided by law. 

Section 2. No corporation in existence at the adoption 
of this Constitution shall have its charter altered or amended 
without first filing, under the corporate seal of said corpora- 
tion, and duly attested, in the office o\ the Secretary of State. 
an acceptance of the provisions of this Constitution. 



220 

Section 3. All existing corporations, and all corporations 
hereafter created under general law, under which a bona fide 
organization shall not have taken place and business com- 
menced in good faith within two years after the granting the 
same, shall thereafter be void and of no effect. 

Section 4. No corporation shall issue stocks or bonds, 
except for money paid, labor done or personal property in ac- 
tual possession, or the fee simple title to real estate actually ac- 
quired by such corporation, and neither labor nor property 
shall be received in payment of stock or bond at a greater price 
than the market value at the time the said labor was done 
or property delivered or title acquired. 

Section 5. No corporation created under general law 
shall commence business until ten per centum of its whole cap- 
ital shall have been paid into its treasury in cash ; nor shall the 
stock or bonded indebtedness of corporations be increased, ex- 
cept pursuant to general law, nor without the consent of the 
holders of a majority of the stock outstanding first obtained at 
a meeting called for the purpose, public notice thereof having 
been first given, as may be provided by law. 

Section 6. In all elections for directors or managers of 
stock corporations each shareholder may cast the whole num- 
ber of votes to which he is entitled for one candidate or dis- 
tribute them among two or more candidates. 

Section 7. Dues from corporations shall be secured by 
such individual liability of the stockholders and other means 
as may be prescribed by law. 

Section 8. No foreign corporation shall do any business 
in this State without having one or more known places of bus- 
iness and an authorized agent or agents in the same upon 
whom service of legal process may be served. 

Mr. Bradford moved that the report of the Committee on 
Corporations be recommitted, 

Which motion • Prevailed. 

Mr. Spruance submitted the third report of the Committee 
on the Governor and Other Executive officers, which was read, 
as follows: 



221 

The Committee on the Governor and Other Executive 
Officers recommend the following amendments to the Consti- 
tution : 

Substitute the following in lieu of Article III. 
ARTICLE III. 

Section i. The supreme executive powers of the State 
shall be vested in a Governor. 

Sction 2. The Governor shall be chosen by the qualified 
electors of the State, once in every four years, at the general 
election. 

Section 3. The returns of every election for Governor 
shall be sealed Up, and immediately transmitted to the Presi- 
dent of the Senate, or in case of the vacancy of the office of 
President of the Senate, or his absence from the State, to the 
Secretary of State, who shall keep the same until a President of 
the Senate shall be elected, to whom they shall be immediately 
transmitted after his election, who shall open and publish the 
same in the presence of the members of both Houses of the 
General Assembly. Duplicates of the said returns shall also 
be immediately lodged with the Prothonotary of each county. 
The person having the highest number of votes shall be Gov- 
ernor; but if two or more shall be equal in the highest number 
of votes, the members of the two Houses shall, by joint ballot, 
choose one of them to be Governor; and if, upon such ballot, 
two or more of them shall still be equal and highest in votes, 
the President of the Senate shall have an additional casting 
vote. 

Section 4. Contested elections of the Governor or Lieu- 
tenant Governor shall be determined by a joint committee, 
consisting of one-third of all the members of each branch of 
the General Assembly, to be selected by ballot of the Houses 
respectively; every person of the committee shall take an oath 
or affirmation that in determining the said election he will 
faithfully discharge the trust reposed in him ; and the commit- 
tee shall always sit with open doors. 

The Chief Justice shall preside upon the trial of any con- 
tested election of Governor or Lieutenant Governor, and shall 



222 

decide questions regarding the admissibility of evidence, and 
shall, upon the request of the committee, pronounce his opin- 
ion upon other questions of law involved in the trial. 

Section 5. The Governor shall hold his office during four 
years from the third Tuesday of January next ensuing his elec- 
tion; and shall not be eligible a third time to said office. 

Section 6. The Governor and Lieutenant Governor shall 
exercise the duties of their respective offices until their suc- 
cessors shall be duly qualified. 

Section 7. The Governor shall be at least thirty years of 
age, and have been a citizen and inhabitant of the United 
States twelve years next before the first meeting of the General 
Assembly after his election, and the last six years of that term 
an inhabitant of this State, unless he shall have been absent on 
public business of the United States or of this State. 

Section 8. Xo member of Congress, nor person holding 
any office under the United States or this State, shall hold or 
exercise the office of Governor. 

Section 9. The Governor shall, at stated times, receive 
for his services an adequate salary to be fixed by law, which 
shall be neither increased nor diminished during the period for 
which he shall have been elected. 

Section 10. He shall be commander-in-chief of the army 
and navy of this State, and of the militia, except when they 
shall be called into service of the United States. 

Section 11. He shall have power, except in cases herein 
otherwise provided, to appoint, by and with the consent of 
three-fifths of all the members elected to the Senate, such offi- 
cers as he is or may be authorized by this Constitution or by 
law to appoint. He shall have power to fill all vacancies that 
may happen during the recess of the Senate, in all offices to 
which he may appoint, excepting vacancies in the office of 
Chancellor, Chief Justice and Associate Judges, by granting 
commissions which shall expire at the end of the next session 
of the Senate. 

He shall have power to fill all vacancies that may happen 



223 

in the elective offices by granting commissions which shall ex- 
pire when their successors shall be duly elected and qualified. 

In case of vacancy in an elective office, a person shall be 
chosen to said office at the next general election, unless the va- 
cancy shall happen within two months next before such elec- 
tion, in which case the election for said office shall be held at 
the second succeeding general election. 

No confirmation by the Senate shall be required in case 
of offices, the salary, fees and emoluments of which shall not 
exceed the sum of five hundred dollars. 

Section 12. The Governor shall appoint, by and with the 
consent of three-fifths of all the members elected to the Senate, 
a Secretary of State, who shall hold office during the Govern- 
or's continuance in office, if he shall so long behave himself 
well. He shall keep a fair register of all the official acts and 
proceedings of the Governor, and shall, when required by 
either branch of the General Assembly, lay the same, and all 
papers, minutes and vouchers, relative thereto, before them, 
and shall perform such other duties as shall be enjoined upon 
him by law. He shall have a compensation for his services to 
be fixed by law. 

Section 13. No person shall be elected or appointed to 
an office within a county who shall not have a right to vote for 
Representatives' in the General Assembly, and have been a res- 
ident therein one year next before his election or appointment 
nor hold the office longer than he continues to reside in the 
county, except in cases herein otherwise provided. 

No member of Congress, nor any person holding or ex- 
ercising any office under the United States, shall at the time be 
a member of the General Assembly or hold or exercise any 
office of profit under this State. 

No person shall hold more than one of the following 
offices at the same time, to-wit: Governor, Lieutenant Gov- 
ernor-, Secretary of State, Attorney General, Insurance Com- 
missioner , State Treasurer, Auditor of Accounts, Prothono- 
tary, Clerk of the Peace, Register of Wills, Recorder. Sheriff 
or Coroner. 



224 

Section 14. All commissions shall be in the name of the 
State, shall be sealed with the great seal, and be signed by the 
Governor. 

Section 15. All officers shall hold their offices on condi- 
tion that they behave themselves well while in office, and shall 
be removed by the Governor on conviction of misbehavior in 
office or of any infamous crime. 

The Governor may for any reasonable cause remove any 
officer, except the Lieutenant Governor and members of the 
General Assembly, upon the address of two-thirds of all the 
members elected to each branch of the General Assembly. In 
all cases when the General Assembly shall so address the Gov- 
ernor, the cause of removal shall be entered on the journals of 
each House. The person against whom the General Assem- 
bly may be about to proceed, shall receive notice thereof, ac- 
companied with the cause alleged for his removal, at least ten 
days before the day on which either House of the General As- 
sembly shall act thereon. 

Section 16. The Governor shall have power to remit: 
fines and forfeitures, to grant reprieves, commutations of sen- 
tence and pardons, except in cases of impeachment; but no 
pardon nor reprieve for more than six months shall be granted, 
nor sentence commuted, except upon the recommendation in 
of a majority of the Board of Pardons after a full hearing; and 
such recommendation, with the reasons therefor at length, 
shall be filed and recorded in the office of the Secretary of 
State, who shall forthwith notify the Governor thereof. 

He shall set forth in writing, fully, the grounds of all re- 
prieves, pardons and remissions, to be entered in the register 
of his official acts, and laid before the General Assembly at 
their next session. 

Section 17. He may require information in writing from 
the officers in the executive department, upon any subject re- 
lating to the duties of their respective offices. 

Section 18. He shall, from time to time, give to the Gen- 
eral Assembly information of affairs concerning the State and 
recommend to their consideration such measures as he shall, 
judge expedient. 



225 

Section 19. He may on extraordinary occasions convene 
the General Assembly; and in case of disagreement between 
the two Houses with respect to the time of adjournment, ad- 
journ them to such time as he shall think proper, not exceed- 
ing three months. He shall have power to convene the Senate 
in extraordinary session by proclamation, for the transaction of 
executive business. 

Section 20. He shall take care that the laws be faithfully 
executed. 

Section 21. Every bill which shall have passed both 
Houses of the General Assembly shall, before it becomes a 
law, be presented to the Governor; if he approve, he shall 
sign it; but if he shall not approve, he shall return it with his. 
objections to the House in which it shall have originated, 
which House shall enter the objections at large on the journal 
and proceed to reconsider it. If, after such reconsideration, 
three-fifths of all the members elected to that House shall 
agree to pass the bill, it shall be sent, together with the objec- 
tions, to the other House by which it shall likewise be recon- 
sidered, and if approved by three-fifths of all the members 
elected to that House, it shall become a law. But in neither 
House shall the vote be taken on the day on which the 
bill shall be returned to it. In all such cases the votes of both 
Houses shall be determined by yeas and nays, and the names 
of the members voting for and against the bill shall be entered 
on the journal of each House respectively. If any bill shall not 
be returned by the Governor within ten days, Sundays except- 
ed, after it shall have been presented to him, the same shall be 
a law, in like manner as if he had signed it, unless the General 
Assembly shall, by their adjournment, prevent its return, in 
which case it shall not become a law without the approval of 
the Governor. No bill shall become a law after the final ad- 
journment of the General Assembly unless approved by the 
Governor within thirty days after such adjournment. The 
Governor shall have power to disapprove of any item or items 
of any bill making appropriations of money, embracing dis- 
tinct items, and the part or parts of the bill approved shall be 
the law, and the item or items of appropriation disapproved 
shall be void, unless repassed according to the rules and limi- 
tations prescribed for the passage of other bills over the Ex 



226 

ecutive veto. Every order, resolution, or vote to which the 
concurrence of both Houses of the General Assembly may be 
necessary, except on a question of adjournment, shall be pre- 
sented to the Governor; and before the same shall take effect 
be approved by him, or, being disapproved by him, shall be 
repassed by three-fifths of all the members elected to each 
House of the General Assembly, according to the rules and 
limitations prescribed in the case of a bill. 

Section 22. A Lieutenant Governor shall be chosen at 
the same time, in the same manner, for the same term, and 
subject to the same provisions as the Governor; he shall posr 
sess the same qualifications of eligibility for office as the Gov- 
ernor; he shall be President of the Senate, but shall have no 
vote unless the Senate be equally divided. 

The Lieutenant Governor while acting as President of the 
Senate, or as a member of the Board of Pardons, or as Gov- 
rnor during a temporary disability of the Governor, shall re- 
ceive for his services the same compensation as the Speaker of 
the House of Representatives. 

Section 23. In case of the removal of the Governor from 
office, or of his death, failure to qualify, resignation, or inabil- 
ity to discharge the powers and duties of the said office, the 
same shall devolve upon the Lieutenant Governor; and in 
case of removal, death, failure to qualify, resignation, or inabil- 
ity of both the Governor and Lieutenant Governor, the Secre- 
tary of State, or if there be none, or in case of his removal, 
death, failure to qualify, resignation, or inability, then the 
Attorney General, or if there be none, or in case of his removal, 
death, failure to qualify, resignation, or inability, then the Pres- 
ident pro tempore of the Senate, or if there be none, or in case 
of his removal, death, failure to qualify, resignation, or inabil- 
ity, then the Speaker of the House of Representatives shall act 
as Governor until the disability of the Governor or Lieutenant 
Governor is removed, or a Governor shall be duly elected and 
qualified. 

The foregoing provisions shall apply only to such persons 
as are eligible to the office of Governor under this Constitution 
at the time the powers and duties of the office of Governor 
shall devolve upon them respectively. 



. 227 

Whenever the powers and duties of the office of Governor 
shall devolve upon the Secretary of State or Attorney General, 
his office shall become vacant; and whenever the powers and 
duties of the office of Governor shall devolve upon the Presi- 
dent pro tempore of the Senate, or the Speaker of the House of 
Representatives, his seat as a member of the General Assem- 
bly shall become vacant; and any such vacancy shall be filled 
as provided by this Constitution. 

Add the following Article: 

ARTICLE . 



Section i. The Board of Pardons shall be composed of 
the Lieutenant Governor, Secretary of State and the Registers 
of Wills of the respective counties. 

In case the Lieutenant Governor shall become Governor, 
and while he shall be in the exercise of the office of Governor 
as herein provided, he shall cease to be a member of said board. 

Section 2. The said board may require information from 
the Attorney General upon any subject relating to the duties 
of said board. 

Strike out Sections 3 and 4 of Article VII and insert in 
lieu thereof the following: 

ARTICLE . 



Section 1. The terms of office of the Attorney General 
and Insurance Commissioner shall be four years; and the 
terms of office of the State Treasurer and Auditor of Accounts 
shall be two years. These officers shall be chosen by the qual- 
ified electors of the State at the general elections, and be com- 
missioned by the Governor, and shall hold their respective 
offices until their successors shall be duly qualified. 

Section 2. The terms of office of Prothonotaries, Clerks 
of the Peace, Registers of Wills, Recorders, Registers in 
Chancery and Clerks of the Orphans' Court shall be four 
years ; and the terms of office of Sheriffs and Coroners shall be 
two years. These officers shall be chosen by the qualified 



228 

electors of the respective counties at general elections, and be 
commissioned by the Governor, and shall hold their respective 
offices until their successors shall be duly qualified. 

No person shall be eligible a second time to the office of 
Sheriff. 

Section 3. Prothonotaries, Clerks of the Peace, Regis- 
ters of Wills, Recorders, Registers in Chancery, Clerks of the 
Orphans' Court and Sheriffs shall keep their offices in the town 
or place in each county in which the Superior Court is usually 
held. 

EDWARD D. HEARNE, 

W. A. CANNON, 

E. W. COOPER, 

W. T. SMITHERS, 

A. L. JOHNSON, 

W. C. SPRUANCE. 

Mr. Hearne moved that the Committee on Printing have 
200 copies of this report printed, 

Which motion Prevailed. 

Air. Hearne moved that the third report of the Committee 
on the Governor and Other Executive Officers be referred to 
the Committee of the Whole, 

Which motion Prevailed. 

On motion of Air. Hearne, the Convention resolved itself 
into Committee of the Whole for the consideration of the third 
report of the Committee on the Governor and Other Execu- 
tive Officers, 

Air. Martin in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Martin re- 
ported that the Committee of the Whole, having had under 
consideration the third report of the Committee on the Gov- 
ernor and Other Executive Officers, report progress and ask 
leave to sit again. 



229 

Mr. Moore moved that the Commitee of the Whole have 
leave to sit again again, 

Which motion Prevailed. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

On motion of Mr. Spruance, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
third report of the Committee on the Governor and Other Ex- 
ecutive Officers, 

Mr. Martin in the chair. 

After some time spent therein, the Committee of the 
W r hole rose, 

The President resumed the chair, when Mr. Martin re- 
ported that the Committee of the Whole, having had under 
consideration the third report of the Committee on the Gov- 
ernor and Other Executive Officers, report progress and ask 
leave to sit again. 

Mr. Cooch moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until Monday at 10.30 o'clock, a. m., 
prevailed. 



230 



Monday, March 29, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment, and was called 
to order by the Secretary. 

Upon motion of Mr. Dasey, Mr. Sapp was elected Pres- 
ident pro tempore. 

Prayer by the Rev. John F. Crouch. 

Roll called. Members present: Messrs. Burris, Cannon, 
Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, Donahoe, 
Ellegood, Gilchrist, Horsey, Hering, Johnson, Martin, Moore, 
Murray, Orr, Richards, Sapp, Saulsbury, Smithers, Spruance, 
Wright. 

Journal read and approved. 

Mr. Ellegood presented bill of Guyer & Hardest}* for 
$391.20, which, upon his motion, was referred to the Commit- 
tee on Accounts. 

Mr. Gilchrist requested leave of absence for Mr. Pratt, 
which, upon his motion, was granted. 

Mr. Dasey presented a request from Mr. Hearne for leave 
of absence, which, upon his motion, was granted. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



231 



; Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Saulsbury presented bill of Thomas M. Gooden for 
$27.00, which, upon his motion, was referred to the Committee 
on Accounts. 

Mr. Saulsbury, from the Committee on Accounts, submit- 
ted the following report: 

The Committee on Accounts, to whom were referred the 
bill of Guyer & Hardesty for stenographic reporting and of 
Thomas M. Gooden, postmaster, recommends the adoption of 
the following resolution: 

Resolved, That the President of the Convention be, and he 
is hereby, authorized to draw his warrant upon the State Treas- 
urer in favor of Guyer & Hardesty for $391.20, for stenograph- 
ic reporting, and of Thomas M. Gooden, postmaster, for 
$27.00, for postage stamps. 

Mr. Saulsbury moved the report be accepted and the res- 
olution adopted, 

Which motion Prevailed. 

On motion of Mr. Spruance, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
third report of the Committee on the Governor and Other Ex- 
ecutive Officers, 

Mr. Martin in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

Mr. Dasey was elected President pro tempore, when Mr. 
Martin reported that the Committee of the Whole, having had 
under consideration the third report of the Committee on the 



232 

Governor and Other Executive Officers, report progress and 
ask leave to sit again. 

Mr. Martin moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until to-morrow at 10.30 o'clock, a. m., 
prevailed. 



233 



Tuesday, March 30, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Called to order by the Secretary. 

Upon motion by Mr. Hering, Mr. Ellegood was elected 
President pro tempore. 

Prayer by Rev. Charles I. Stengle. 

Roll called. Members present: Messrs. Burris, Cannon, 
Carlisle, Cavender, Clark, Cooch, Dasey, Donahoe, Ellegood, 
Evans, Gilchrist, Horsey, Hering, Johnson, Martin, Moore, 
Pratt, Sapp, Saulsbury, Smithers, Spruance, Wright. 

Journal read and approved. 

Mr. Donahoe presented bill of Mr. Fisher for $10.00, 
which, upon his motion, was referred to Committee on Ac- 
counts. 

Mr. Saulsbury, from the Committee on Accounts, sub- 
mitted the following report : 

The Committee on Accounts, to whom was referred the 
bill of William Fisher for putting ventilator in the Convention 
Hall, recommends the adoption of the following resolution: 

Resolved, That the President of the Convention be and 
he is hereby authorized to draw a warrant upon the State 
Treasurer in favor of William Fisher for ten dollars ($10.00), 
for making ventilator and putting the same in the Convention 
Flail. 

Mr. Saulsbury moved the report be accepted and the reso- 
lution adopted, 

Which motion Prevailed. 

On motion of Mr. Spruance, the Convention resolved 



234 

itself into Committee of the Whole for the consideration of the 
third report of the Committee on the Governor and Other 
Executive Officers, 

Mr. Martin in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Martin re- 
ported that the Committee of the Whole, having had under 
consideration the third report of the Committee on the Gover- 
nor and Other Executive Officers, report progress and ask 
leave to sit again. 

Mr. Martin moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



Same Day, 2.30 o'clock, p. m. 
Convention met pursuant to adjournment. 

Mr. Ellegood presented a request from Mr. Cooper for 
$250, advance on salary, which, upon his motion, was referred 
to the Committee on Accounts. 

Mr. Gilchrist presented a request from Mr. Ellegood for 
$250, advance on salary, which, upon his motion, was referred 
to the Committee on Accounts. 

Mr. Spruance moved that so much of the first report of 
the Committee on Governor and Other Executive Officers as 
relates to the Board of Pardons be referred to the Committee 
of the Whole, 

Which motion Prevailed. 



235 

Mr. Dasey asked for leave of absence for the Assistant 
Secretary, from 3.15 o'clock, this afternoon, which, upon his 
motion, was granted. 

On motion of Mr. Spruance, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
third report of the Committee on the Governor and Other 
Executive Officers, and so much of the first report of the said 
committee as refers to the Board of Pardons, 

Mr. Martin in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Martin re- 
ported that the Committee of the Whole, having had under 
consideration the third report of the Committee on the Gover- 
nor and Other Executive Officers, and so much of the first 
report of the said committee as refers to the Board of Pardons, 
report the adoption of the third report of the Committee on 
the Governor and Other Executive Officers with sundry 
amendments by the Committee of the Whole, and recommend 
its adoption by the Convention. 

Mr. Saulsbury moved that the report of the Committee of 
the Whole be accepted, 

Which motion Prevailed. 

Mr. Spruance moved that the Committee on Printing have 
500 copies printed of the third report of the Committee on the 
Governor and Other Executive Officers, as amended and 
adopted in Committee of the Whole, 

Which motion Prevailed. 

Motion to adjourn until to-morrow 10.30 o'clock, a. m., 
prevailed. 



236 



Wednesday, March 31, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. T. A. H. O'Brien. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Cavender, Clark, Cooper, Dasey, Donahoe, Elle- 
good, Evans, Gilchrist, Horsey, Hering, Johnson, Martin, 
Moore, Pratt, Sapp, Saulsbury, Smithers, Wright, Mr. Presi- 
dent. 

Journal read and approved. 

Mr. Gilchrist requested leave of absence for Mr. Murray, 
which, upon his motion, was granted. 

Mr. Dasey presented a request of Mr. Cannon for ad- 
vance salary for $250, which, upon his motion, was referred 
to the Committee on Accounts. 

On motion of Mr. Martin, the Convention resolved itself 
into Committee of the Whole for the consideration of the third 
report of the Committee on the Legislature, 

Mr. Dasey in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Dasey report- 
ed that the Committee of the Whole, having had under con- 
sideration the third report of the Committee on the Legisla- 
ture, report progress and ask leave to sit again. 

Mr. Martin moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Mr. Evans moved that when the Convention adjourn it 
will be to meet at 2 o'clock, p. m., 



237 

Which motion Prevailed. 

Mr. Saulsbury, from the Committee on Accounts, sub- 
mitted the following report : 

The Committee on Accounts, to whom were referred the 
requests of Messrs. Ellegood. Cooper and Cannon, for ad- 
vances of $250.00 to each, on account of their respective salar- 
ies as members of the Convention, recommends the adoption 
of the following resolution : 

Resolved, That the President of the Convention be, and 
he is hereby, authorized to draw warrants upon the State Treas- 
urer in favor of Joshua A. Ellegood for two hundred and fifty 
dollars ($250.00), in favor of Ezekiel W. Cooper for two 
hundred and fifty dollars ($250.00), and in favor of William A. 
Cannon for two hundred and fifty dollars ($250.00), on account 
of their respective salaries as members of this Convention. 

Mr. Pratt moved the report be received and the resolution 
adopted, 

Which motion Prevailed. 

I 

Mr. Biggs presented a request of Mr. Carlisle for leave of 
absence until Friday, which, upon motion by Mr. Gilchrist, 
was granted. 

Motion to adjourn prevailed. 



2 3 8 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

On motion of Mr. Martin, the Convention resolved itself 
into Committee of the Whole for the consideration of the 
ihird report of the Committee on the Legislature, 

Mr. Dasey in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

Upon motion of Mr. Saulsbury, Mr. Burris was made 
President pro tempore, when Mr. Dasey reported that the 
Committee of the Whole, having had under consideration the 
third report of the Committee on the Legislature, report pro- 
gress and ask leave to sit again. 

Mr. Martin moved that the report be received and the 
Committee of the Whole have leave to sit again, 

Which motion Prevailed. 

Mr. Cannon asked for leave of absence until next Tues- 
day, which was granted. 

Mr. Bradford moved to adjourn until 7.30 o'clock, p. m., 

Which motion Prevailed. 



Same Day, 7.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

Called to order by Mr. Burris, President pro tempore. 

Motion to adjourn until to-morrow at 10.30 o'clock, a. m., 
prevailed. 



239 



Thursday, April i, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. Richard Downs. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cavender, Clark, Cooch, Cooper, Dasey, Donahoe, Elle- 
good, Evans, Gilchrist, Hearne, Horsey, Hering, Johnson, 
Martin, Moore, Murray, Pratt, Sapp, Saulsbury, Smithers, 
Wright, Mr. President. 

Journal read and approved. 

On motion of Mr. Martin, the Convention resolved itself 
into Committee of the Whole for the consideration of the third 
report of the Committee on the Legislature, 

Mr. Dasey in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Dasey report- 
ed that the Committee of the Whole, having had under consid- 
eration the third report of the Committee on the Legislature, 
report that it has concluded, and approved without amend- 
ment, the third report of the Committee on the Legislature, 
and recommend that it be recommitted to the Committee on 
the Legislature for the puropse of rilling the blanks. 

Mr. Burris moved that the report be accepted from the 
Committee of the Whole and referred to the Committee on the 

Legislature, 

Which motion Prevailed. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



240 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Pratt, on behalf of the Committee on Corporations, 
presented its second report, which was read, as follows: 

Second report of the Committee on Corporations. 

Section 1. Xo corporation shall be created or revived by 
special act, but only by or under general law, nor shall any ex- 
isting corporate charter be extended, renewed, altered or 
amended by special act, but only by or under general law; but 
the foregoing provisions shall not apply to municipal corpora- 
tions or corporations for charitable, penal, reformatory, or edu- 
cational purposes, sustained in whole or in part by the State. 
The General Assembly shall, by general law, provide for the 
revocation or forfeiture of the charters of all corporations for 
the abuse, misuse or non-user, of their corporate powers, 
privileges or franchises. Any proceeding for such revocation 
or forfeiture shall be taken by the Attorney-General, as may be 
provided by law. 

Section 2. Xo corporation in existence at the adoption 
of this Constitution shall have its charter altered or amended 
without first filing, under the corporate seal of said corpora- 
tion, and duly attested, in the office of the Secretary of State, 
an acceptance of the provisions of this Constitution. 

Section 3. All existing corporations, and all corporations 
hereafter created under general law, under which a bona-fide 
organization shall not have taken place and business com- 
menced in good faith within two years after the granting the 
same, shall thereafter be void and of no effect. 

Section 4. X^o corporation shall issue stocks or bonds, 
except for money paid, labor done or personal property in 
actual possession, or the fee simple title to real estate actually 
acquired by such corporation, and neither labor nor property 



241 

shall be received in payment of stock or bond at a greater price 
than the market value at the time the said labor was done or 
property delivered, or title acquired. 

Section 5. No corporation created under general law 
shall commence business until ten per centum of its whole 
capital shall have been paid into its treasury in cash ; nor shall 
the stock or bonded indebtedness of corporations be increased,, 
except pursuant to general law, nor without the consent of the 
holders of a majority of the stock outstanding first obtained at 
a meeting- called for the purpose, public notice thereof having 
been first given, as may be provided by law. 

Section 6. In all elections for di nagers of v 

stock corporations each shareholder may cast - whole num- 
ber of votes to which he is entitled for or or dis- 
tribute them among two or more Candida t 

Section 7. When the whole capital stock of a corporation 
shall not have been paid in, and the capital paid shall be in- 
sufficient to satisfy the claims of its creditors, each stockholder 
shall be bound to pay on each share held by him the sum nec- 
essary to complete the amount of such share as fixed by the 
charter of the company or its certificate of incorporation or 
such proportion of that sum as shall be required to satisfy the 
debts of the company. 

Section 8. No foreign corporation shall do any business 
in this State without having one or more known places of busi- 
ness and an authorized agent or agents in the same upon whom 
service of legal process may be served. 

Mr. Pratt moved that the report be referred to the Com- 
mittee of the Whole, 

Which motion Prevailed. 

Mr. Ellegood offered a resolution in reference to salaries 
of members, which, by unanimous consent, was withdrawn. 

Mr. Moore gave notice that on Monday } or some day 
thereafter, he would move that the report of the Committee of 
the Whole, on Crimes, Punishments and Impeachments be 
taken up for final action. 

16 



242 

Mr. Gilchrist gave like notice in regard to the report of 
the Committee of the Whole on Education. 

By unanimous consent Messrs. Gilchrist and Moore with- 
drew the foregoing notices. 

Mr. Johnson offered a resolution, which was declared not 

in order. • 

Air. Cooch offered a substitute, which, by unanimous con- 
sent, was withdrawn. 

Upon recurring to Air. Johnson's resolution,, it was 
amended and adopted as follows : 

Resolved, That the President of this Convention be and 
is hereby authorized to draw warrants upon the State Treas- 
urer for the sum of three hundred dollars ($300.00) in favor of 
each member of this Convention on account of salary due; pro- 
vided, however, that amounts already received by members 
must be deducted from the amount to be drawn. 

Air. Saulsbury, from the Committee on Accounts, sub- 
mitted the following report: 

The Committee on Accounts recommends the adoption 
of the following resolution : 

Resolved, That the President of the Convention be and 
he is hereby authorized to draw warrants upon the State Treas- 
urer, as follows: In favor of Daniel V. Hutchins for two 
hundred dollars ($200.00), on account of the compensation to 
be allowed him as Sergeant-at-Arms ; in favor of Rev. Walter 
E. Avery for fifty dollars ($50.00), on account of the compensa- 
tion as Chaplain, and in favor of Arthur Hutchins for fifty 
dollars ($50.00), on account of compensation as Page. 

Air. Gilchrist moved that the report be accepted and the 
resolution adopted, 

Which motion Prevailed. 

On motion of Mr. Dasey, the Convention resolved itself 
into Committee of the Whole for the consideration of the sec- 
..ond report of the Committee on Corporations, 



243 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 
consideration the second report of the Committee on Corpora- 
tions, report progress and ask leave to sit again. 

Mr. Gilchrist moved that the Committee of the Whole 
have leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until to-morrow, 10.30 o'clock, a. m., 
prevailed. 



2 4 4 



Friday, April 2, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cavender. Clark, Cooch, Cooper, Dasey, onahoe, Elle- 
good, Evans, Gilchrist, Harman, Hearne ; Hering, 
Martin, Moore, Orr, Pratt, Sapp, Saulsbui Wright, 
Mr. President. 

Journal read and approved. 

On motion of Mr. Pratt, the Convention resolved itself 
into Committee of the Whole for the consideration of the sec- 
ond report of the Committee on Corporations, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 
consideration the second report of the Committee on Corpora- 
tions, report progress and ask leave to sit again. 

Mr. Dasey moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



245 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

On motion of Mr. Pratt, the Convention resolved itself 
into Committee of the Whole for the consideration of the sec- 
ond report of the Committee on Corporations, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 
consideration the second report of the Committee on Corpora- 
tions, report progress and ask leave to sit again. 

Mr. Gilchrist moved that the Committee of the Whole 
liave leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until Monday next at 10.30 o'clock, 
a. m., prevailed. 



246 



Monday, April 5, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. H. G. G. Vincent. 

Roll called. Members present: Messrs. Carlisle, Caven- 
der, Clark, Cooch, Cooper, Dasey, Donahoe, Ellegood, Gil- 
christ, Hearne, Horsey, Martin, Murray, Pratt, Sapp, Sauls- 
bury, Smithers, Wright, Mr. President. 

Journal read and approved. 

Mr. Ellegood presented bill of Guyer & Hardesty for 
$277.20, which, upon his motion, was referred to the Commit- 
tee on Accounts. 

Mr. Saulsbury presented bill of Clarke & McDaniel for 
$20.64, which, upon his motion, was referred to the Commit- 
tee on Accounts. 

Mr. Cooper presented a resolution, which, upon his mo- 
tion, was referred, without reading, to the Committee on the 
Governor and Other Executive Officers. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



247 



Same Day, 2 o'clock p. m. 
Convention met pursuant to adjournment. 

Mr. Bradford moved that a committee of six be appointed 
by the chair on Phraseology and Arrangement, whose duty 
shall be, without changing the meaning, to correct verbal mis- 
takes or inaccuracies in the various provisions acted upon by 
the Committee of the Whole and arrange the same in proper 
sequence with respect to titles and sections, 

Which motion Prevailed. 

On motion of Mr. Pratt, the Convention resolved itself 
into Committee of the Whole for the consideration of the sec- 
ond report of the Committee on Corporations, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 
consideration the second report of the Committee on Corpora- 
tions, report the adoption of Sections 1, 2, 3 and 4 of the re- 
port of the Committee on Corporations and recommend their 
adoption by the Convention as a substitute for Section 17 of 
Article II. 

Mr. Cavender moved that the report of the Committee of 
the Whole on the report of the Committee on Corporations be 
accepted, 

Which motion Prevailed. 

The President" announced the Committee on Phraseology 
and Arrangement, 



248 

Messrs. Bradford, Cooch, Spruance, Saulsbury, Gilchrist, 
Hearne. 

Mr. Ellegood moved that when the Convention adjourn it 
will be to meet Wednesday at 10.30 o'clock, a. m., 

Which motion Prevailed. 

Motion to adjourn prevailed. 



2 4 9 



Wednesday, April 7, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cavender, Cooch, Cooper, Dasey, Donahoe, Ellegood, 
Evans, Gilchrist, Hearne, Horsey, Hering, Johnson, Moore, 
Murray, Orr, Pratt, Sapp, Saulsbury, Smithers, Spruance, 
Wright, Mr. President. 

Journal read and approved. 

Mr. Pratt moved that 300 copies of the report of the Com- 
mittee on Corporations, as amended and adopted in the Com- 
mittee of the Whole, be printed, 

Which motion Prevailed. 

Mr. Saulsbury, from the Committee on Accounts, sub- 
mitted the following report: 

The Committee on Accounts, to whom was referred the 
bill of Guyer & Hardesty for $277.20, for stenographic report- 
ing, recommends the adoption of the following resolution : 

Resolved, That the President of the Convention be and he 
is hereby authorized to draw a warrant upon the State Treas- 
urer in favor of Guyer & Hardesty for $277.20, for stenograph- 
ic reporting. 

Mr. Saulsbury moved the report be accepted and the reso- 
lution adopted, 

Which motion Prevailed. 

Mr. Ellegood moved to make special order to take up the 
report of the Committee on Manufacture and Sale of Intoxica- 
ting Liquors, on Monday next at 10.30 o'clock, a. m. 



250 

Mr. Spruance moved to substitute Friday, 10.30 o'clock, 
a. m. 

Mr. Donahoe moved to take it up now. 

Both amendments were lost. 

Recurring to the original motion, it prevailed. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Bradford submitted and read the fourth report of the 
Committee on the Legislature, as follows: 

Fourth report of the Committee on the Legislature. 

The Committee on the Legislature recommends the adop- 
tion of the following as sections in the Constitution, to be in- 
serted under an appropriate .title : 

Section 1. No person shall be a Senator who shall not 
have attained the age of twenty-seven years, and have been a 
citizen and inhabitant of the State three years next preceding 
the day of his election, and the last year of that term an inhab- 
itant of the county including the Senatorial District in which 
he shall be chosen, unless he shall have been absent on the 
public business of the United States or of the State. No per- 
son shall be a Representative who shall not have attained the 
age of twenty-four years, and have been a citizen and inhabi- 
tant of the State three years next preceding the day of his elec- 
tion, and the last year of that term an inhabitant of the county 
including the Representative District in which he shall be 
chosen, unless he shall have' been absent on the public busi- 
ness of the United States or of the State. 

Section 2. The compensation of members of the General 
Assembly and of the Lieutenant Governor as President of the 



25i 

Senate shall be paid out of the treasury of the State. No law 
varying such compensation shall take effect until after a gen- 
eral election shall have been held since its enactment. 

Section 3. Whenever there shall be a vacancy in either 
House of the General Assembly, by reason of failure to elect, 
ineligibility, death, resignation or otherwise, a writ of election 
shall be issued by the presiding officer of the House in which 
the vacancy exists, or in cases of necessity in such other man- 
ner as shall be provided by law; and the person thereupon 
chosen to fill such vacancy shall hold office for the residue of 
the term. And whenever there shall be such vacancy in either 
House, and the General Assembly is not in session, the Gov- 
ernor shall have power to issue a writ of election to fill such 
vacancy, which writ shall be executed as a writ issued by the 
presiding officer of either House in case of vacancy, and the 
person thereupon chosen to fill such vacancy shall hold office 
for the residue of the term. 

Section 4. The Senate at each biennial session shall 
choose a President pro tempore, who shall preside in the ab- 
sence of the Lieutenant Governor, or in case the latter shall 
become Governor, or while he continues in the exercise of the 
office of Governor by reason of disability of the Governor. The 
Senate shall also choose its other officers, and, in the absence 
pf the Lieutenant Governor and its President pro tempore may, 
from time to time as occasion may require, appoint one of its 
own members to preside. The House of Representatives shall 
choose its Speaker and other officers, and in the absence of the 
Speaker may, from time to time as occasion may require, ap- 
point one of its own members to preside. 

Section 5. The State Treasurer shall settle his accounts 
annually with the General Assembly or a joint committee 
thereof, which shall be appointed at every biennial session. No 
person who has served in the office of State Treasurer shall be 
eligible to a seat in either House of the General Assembly un- 
til he shall have made a final settlement of his accounts as 
treasurer and discharged the balance, if any, due thereon. 

Section 6. Any member of the General Assembly who 
has a personal or private interest in any measure or bill pend- 



252 

ing in the General Assembly shall disclose the fact to the 
House of which he is a member and shall not vote thereon. 

Section 7. No person who shall be convicted of embez- 
zlement of the public money, bribery, perjury or other infa- 
mous crime, shall be eligible to a seat in either House of the 
General Assembly, or capable of holding any office of trust, 
honor or profit under this State. 

Section 8. Every statute shall be a public law unless 
otherwise declared in the statute itself. 

Section 9. Every person who shall give, offer or promise, 
directly or indirectly, any money, testimonial, privilege, per- 
sonal advantage or thing of value to any executive or judicial 
officer of this State or member of either House of the General 
Assembly for the purpose of influencing him in the perform- 
ance of any of his official or public duties shall be deemed 
guilty of bribery, and shall be punished in such manner as shall 
be provided by law. 

Section 10. The General Assembly shau not pass any 
local or special law relating to fences, the straying of live stock, 
ditches, the creation or changing the boundaries of school dis- 
tricts, or the laying out, opening, alteration, maintenance or 
vacation, in whole or in part, of any road, highway, street, lane 
or alley. 

GEORGE H. MURRAY, 
WILLIAM SAULSBURY, 
EDWARD G. BRADFORD, 
J. WILKINS COOCH. 

Mr. Bradford moved that the fourth report of the Com- 
mittee on the Legislature be received and 100 copies of the 
same be ordered printed, 

Which motion Prevailed. 

Mr. Bradford moved that the fourth report of the Com- 
mittee on the Legislature as just read be referred to the Com- 
mitee of the Whole, 

Which motion Prevailed. 



253 

Upon motion by Mr. Evans,, Mr. Donahoe was granted 
leave of absence for two days. 

Upon motion by Mr. Saulsbury, Mr. Pratt was granted 
leave of absence for to-morrow. 

Upon motion by Air. Johnson, Mr. Horsey was granted 
leave of absence for to-morrow. 

Mr. Burris moved that the Committee on Alterations and 
Amendments and Calling Constitutional Conventions be en- 
larged to ten members, 

Which motion Prevailed. 

Mr. Burris submitted the following resolution: 

Resolved, That the committee heretofore appointed on 
Phraseology and Arrangement be and they are hereby re- 
quested to report to this Convention such portions of the 
present Constitution, with which there have been no commit- 
tees appointed to deal, with such recommendations as they 
may deem desirable. 

Mr. Burris moved the adoption of the resolution, 

Which motion Prevailed. 

The President announced the following four additional 
members to the Committee on Alterations and Amendments 
of the Constitution, 

Messrs. Cavender, Spruance, Ellegood, Bradford. 

Mr. Cooch moved that when we adjourn it will be to meet 
next Friday at 10.30 o'clock, a. m., 

Which motion WasWithdrawn. 

Mr. Bradford asked unanimous consent to correct in the 
third report of the Committee on the Legislature by striking 
out in the second line "and the Senators" and insert the word 
"who" in lieu thereof and insert between the words "chosen" 
and "0116" in lines six and ten the words "by the qualified elec- 
tors therein," 

Which permission to so correct was granted. 



254 

Air. Cooch renewed his motion, that when we adjourn it 
will be to meet next Friday at 10.30 o'clock, a. m., 

Which motion Prevailed.' 

Mr. Pratt reported and submitted Section 8 of the second 
report of the Committee on Revenue and Taxation, which, 
upon his motion, was read, as follows : 

Section 8. Xo county, city, town or other municipality 
shall loan its credit or appropriate money to, or assume the 
debt or become a shareholder or joint owner in or with, any 
private corporation, or any person or company whatever. Xo 
county, city, town or other municipality shall be allowed to be- 
come indebted , for any purpose or in any manner, to an 
amount which, including existing indebtedness, shall exceed 
ten per centum of the assessed valuation of the real estate of 
such county, city, town or other municipality subject to taxa- 
tion as it appeared by the assessment rolls of said county, city, 
town or other municipality on the last assessment for county, 
city, town or other municipality taxes prior to the incurring of 
such indebtedness; and all indebtedness in excess of such lim- 
itation, except such as may now exist, shall be absolutely void, 
except as herein otherwise provided. Xo county, city, town 
or other municipality whose present indebtedness exceeds ten 
per centum of the assessed valuation of its real estate subject to 
taxation shall be allowed to become indebted in any further 
amount until such indebtedness shall be reduced within such 
limit. This section shall not be construed to prevent the issue 
of bonds to provide for a supply of water or light, or both; but 
the term of the bonds issued to provide the supply of water or 
light shall not exceed thirty (30) years, and shall not be issued 
except upon the affirmative vote of a majority of the free- 
holders of said city, town or other municipality, as shall be pro- 
vided by the General Assembly, and a sinking fund shall be 
created on the issuing of the said bonds for their redemption, 
by raising annually a sum which will produce an amount equal 
to the sum of the principal and interest of said bonds at their 
maturity. 

Mr. Pratt moved that Section 8 of the second report of 
the Committee on Revenue and Taxation, as reported, be re- 
ferred to the Committee of the Whole,. 



255 

Which motion Prevailed. 

On motion of Mr. Pratt, the Convention resolved itself 
into Committee of the Whole for the consideration of Section 
8 of the second report of the Committee on Revenue and Tax- 
ation, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

Mr. Sanlsbury was elected President pro tempore, when 
Mr. Gilchrist reported that the Committee of the Whole, hav- 
ing had under consideration Section 8 of the second report of 
the Committee on Revenue and Taxation, report the adoption 
of the first paragraph of Section 8 down to the word "what- 
ever," as amended, and recommend its adoption by the Con- 
vention. 

Mr. Gilchrist moved that the report be accepted, 

Which motion Prevailed. 

Mr. Pratt moved that 500 copies of the entire report of 
the Committee on Revenue and Taxation, as amended and 
adopted in Committee of the Whole, be printed, 

Which motion Prevailed. 

Motion to adjourn until Friday next at 10.30 o'clock, a. m. 
prevailed. 



2 5 6 



Friday, April 9, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. J. H. Beauchamp. 

Roll called. Members present: Messrs. Bradford, Bur- 
Cannon, Carlisle, Cavender, Clark, Cooch, Ellegood, 
ms, Gilchrist, Hearne, Hering, Johnson, Moore, Murray, 
rf, Sapp, Saulsbury, Smithers, Spruance, Wright, Mr. Presi- 

Journal read and approved. 

Mr. Bradford substituted the first report of the Commit- 
tee on Phraseology and Arrangement, which, upon his motion, 
was read, as follows : 

First report of the Committee on Phraseology and Ar- 
rangement. 

The Committee on Phraseology and Arrangement recom- 
mend the following amendments to the Constitution. 

Strike out Sections 1, 2, 5, 6, 7, 8, 9, 10, 11 and 12 of Arti- 
cle VII, and insert in lieu thereof the following: 

ARTICLE — . 

Section 1. The Chancellor, Judges and Attorney General 
shall be conservators of the peace throughout the State; and 
the Sheriffs and Coroners shall be conservators of the peace 
within the counties respectively in which they reside. 

Section 2. No public officer shall receive any fees with- 
out giving to the person paying the same a receipt therefor, if 
required, therein specifying every item and charge. 

Section 3. No costs shall be paid by a person accused,, 
on a bill being returned ignoramus, nor on acquittal. 



257 

Section 4. The rights, privileges, immunities and estates 
of religious societies and corporate bodies, except as herein 
otherwise provided, shall remain as if the Constitution of this 
State had not been altered. 

Section 5. All the laws of this State existing at the time 
this Constitution shall take effect, and not inconsistent with it, 
shall remain in force, except so far as they shall be altered by 
future laws: and all actions and prosecutions now pending 
shall proceed as if this Constitution had not been made. 

Section 6. This Constitution shall be prefixed to every 
codification of the laws of this State. 

Section 7. The General Assembly, as soon as conven- 
iently may be after this Constitution shall take effect, shall 
enact all laws necessary or proper for carrying out the provis- 
ions thereof. 

Strike out Article VIII and insert in lieu thereof the fol- 
lowing: 

ARTICLE — . 

Members of the General Assembly and all public officers, 
executive and judicial, except such inferior officers as shall be 
by law exempted, shall, before they enter upon the duties of 
their respective offices, take and subscribe the following oath 
or affirmation: 

"I do solemnly swear (or affirm) that I will support the 
Constitution of the United States, and the Constitution of the 
State of Delaware, and that I will faithfully discharge the du- 
ties of the office of , according to the best of my 

ability" ; and all such officers, except as aforesaid, who shall 
have been chosen at any election shall, before they enter upon 
the duties of their respective offices, take and subscribe the 
oath or affirmation above prescribed, together with the follow- 
ing addition thereto, as part thereof: 

"And I do further solemnly swear (or affirm) that 1 have 

not directly or indirectly paid, offered or promised to pay, 

contributed, or offered or promised to contribute, any money 

or other valuable thing as a consideration or reward lor the 

17— c 



258 

giving or withholding a vote at the election at which I was 
-elected to said office." 

Xo other oath, declaration or test shall be required as a 
qualification for any office of public trust. 

EDWARD G. BRADFORD. 
J. WILKIXS COOCH, 
W. C. SPRUAXCE, 
WILLIAM SAULSBURY, 
TAMES B. GILCHRIST, 
EDWARD D. HEARXE. 

Mr. Bradford moved that the first report of the Commit- 
tee on Phraseology and Arrangement be referred to the Com- 
mittee of the Whole, 

Which motion Prevailed. 

Mr. Bradford moved that the bill for printing ioo copies 
of the first report of the Committee on Phraseology and Ar- 
rangement be referred to the Committee on Accounts, 

Which motion Prevailed. 

Mr. Orr submitted the first report of the Committee on 
Alterations and Amendments, which, upon his motion, was re- 
ceived and read, as follows: 

The Committee on Alterations and Amendments of the 
Constitution and the Calling of Constitutional Conventions 
recommends the following amendments to the Constitution: 

Strike out Article IX and insert the following in lieu 
thereof: 

ARTICLE — . 

Section I. Any amendment or amendments to this Con- 
stitution may be proposed in the Senate or House of Represen- 
tatives; and if the same shall be agreed to by a majority of all 
the members elected to each House, such proposed amend- 
ment or amendments shall be entered on their journals, with 
the yeas and nays taken thereon, and the Secretary of State 
shall cause such proposed amendment or amendments to be 
published three months before the next general election in at 



259 

least two newspapers in each county in which such newspapers 
shall be published; and if in the General Assembly next after 
the said general election such proposed amendment or amend- 
ments shall be agreed to by a majority of all the members 
elected to each House, the Secretary of State shall cause the 
same again to be published in the manner aforesaid ; and such 
proposed amendment or amendments shall be submitted to the 
qualified electors of the State at the next general election; and 
if such proposed amendment or amendments shall be approved 
by a majority of those voting thereon, the same shall become 
part of the Constitution, upon the ascertainment of such result 
by the General Assembly. When two or more proposed 
amendments shall be so submitted they shall be voted upon 
separately. 

Section 2 The General Assembly may, from time to time, 
provide by law for the submitting to the qualified electors of 
the State at the general election next thereafter the question, 
"Shall there be a Convention to revise the Constitution and 
amend the same?"; and upon such submission, if a majority of 
those voting on said question shall decide in favor of a Con- 
vention for such purpose, the General Assembly at its next 
session shall provide by law for the election of delegates to 
such Convention at the next general election. Such Conven- 
tion shall be composed of fifty-two delegates, of whom fifteen 
shall be chosen from New Castle county by the qualified elec- 
tors thereof; ten from Kent county by the qualified electors 
thereof; ten from Sussex county by the qualified electors there- 
of; and seventeen from the State at large by the qualified elec- 
tors thereof. The delegates so elected shall convene at the 
Capital of the State on the first Tuesday in March next after 
their election. Every delegate shall receive for his services 
the same compensation as shall then be payable to the mem- 
bers of the General Assembly. A majority of the Convention 
shall constitute a quorum for the transaction of business. The 
Convention shall have power to appoint such officers, em- 
ployes and assistants as it may deem necessary, and fix their 
compensation, and provide for the printing of its documents, 
journals, debates and proceedings. The Convention shall de- 
termine the rules of its proceedings, and be the judge oi the 
election, returns and qualifications of its members. In case of 
a vacancy by death, resignation or other cause in a county 



26o 

delegation, such vacancy shall be filled by a vote by the re- 
maining delegates from such county; and in case of a vacancy 
by death, resignation or other cause in the delegation from the 
State at large, such vacancy shall be filled by a vote of the re- 
maining delegates at large. 

Section 3. The General Assembly shall provide by law 
for receiving, tallying and counting the votes for or against 
proposed amendments to the Constitution, and for or against a 
Convention, and for returning to the general Assembly at its 
next session the state of such vote; and shall also by law enact 
all provisions necessary for giving effect to this Article. 

Section 4. Xo bill or resolution passed by the General 
Assembly under or pursuant to the provisions of this Article 
shall require for its validity the approval of the Governor, and 
the same shall be exempt from the provisions of Section 21 of 
Article III of this Constitution. 

Section 5. In voting at any general election, upon pro- 
posed amendments to the Constitution, or upon the question, 
"Shall there be a Convention to revise the Constitution and 
amend the same?" the ballots shall be separate from those cast 
for any person voted for at such election, and shall be kept 
distinct and apart from all other ballots so cast. 

WILLIAM P. ORR, Jr., 
W. C. SPRUANCE, 
MARTIN B. BURRIS, 
LOWDER L. SAPP, 
T. A. ELLEGOOD, 
W. T. CAVENDER, 
PARIS T. CARLISLE, Jr., 
EDWARD G. BRADFORD. 

Mr. Orr moved that the first report of the Committee on 
Alterations and Amendments be referred to the Committee of 
the Whole, 

Which motion Prevailed. 

Mr. Orr moved that the bill for printing 200 copies of the 
report of the Committee on Alterations and Amendments be 
referred to the Committee on Accounts, 



26l 

Which motion Prevailed. 

Mr. Bradford moved that the Committee on Phraseology 
and Arrangement be increased to nine members, 

Which motion- Prevailed. 

Mr. Ellegood moved that the subject of Schedule be re- 
ferred to the Committee on Phraseology and Arrangement, 

Which motion Prevailed. 

Mr. Clark presented a bill from the State Sentinel for 
$25.00 for printing, which, upon his motion, was referred to 
the Committee on Accounts. 

On motion of Mr. Bradford, the Convention resolved itself 
into Committee of the Whole for the consideration of the 
fourth report of the Committee on the Legislature, 

Mr. Cooch in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Cooch re- 
ported that the Committee of the Whole, having had under 
consideration the fourth report of theCommittee on the Leg- 
islature, report progress and ask leave to sit again. 

Mr. Saulsbury moved that the Committee of the Whole 
have leave to sit again, 

Which motion Prevailed. 

Mr. Saulsbury, from the Committee on Accounts, sub- 
mitted the following report: 

The Committee- on Accounts, to whom were referred two 
bills of the State Sentinel Printing Company, recommends the 
adoption of the following resolution : 

Resolved, That the President of the Convention be ami 
he is hereby authorized to draw his warrant upon the State 
Treasurer in favor of the State Sentinel Printing Company for 
$43.50 for printing, on account of the current expenses ot the 
Convention. 



262 

Air. Saulsbury moved that the resolution be adopted, 
Which motion Prevailed. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

On motion of Air. Saulsbury, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
fourth report of the Committee on the Legislature, 
. Air. Cooch in the chair. 

After some time spent therein, the Committee of the 
Wnole rose. 

The President resumed the chair, when Air. Cooch re- 
ported that the Committee of the Whole, having had under 
consideration the fourth report of the Committee on the Legis- 
lature, had adopted the fourth report of the Committee on the 
Legislature, with amendments, and recommend its adoption 
by the Convention. 

Air. Spruance moved that the report of the Committee of 
the Whole on the fourth report of the Committee on the Legis- 
lature be accepted, 

Which motion Prvailed. 

Air. Saulsbury moved that the Committee on Printing 
have printed 200 copies of the amended report of the Com- 
mittee on the Legislature, 

Which motion Prevailed. 

On motion of Air. Bradford, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
first report of the Committee on Phraseology and Arrange- 
ment, 



263 

Mr. Cavender in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair,' whenMr. Cavender re- 
ported that the Committee of the Whole, having had under 
consideration the first report of the Committee on Phraseology 
and Arrangement, had adopted it as submitted and recom- 
mend its adoption by the Convention. 

Mr. Cooch moved that the report of the Committee of the 
Whole on the first report of the Committee on Phraseology 
and Arrangement be accepted, 

Which motion Prevailed. 

Mr. Bradford moved that the vote by which the report of 
the Committee on the Manufacture and Sale of Intoxicating 
Liquors was made the special order for Monday at 10.30 
o'clock, a. m., be reconsidered, 

„ Which motion Prevailed. 

Recurring to the original motion it was amended by sub- 
stituting Monday at 2 o'clock, p. m. 

Motion to adjourn until Monday at 10.30 o'clock, a. m., 
prevailed. 



264 



Monday, April 12, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment, and was called 
to order by the Secretary. 

Upon motion of Mr. Ellegood, Mr. Cavender was made 
President pro tempore. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, Dona- 
hoe, Ellegood, Evans, Gilchrist, Harman, Hearne, Horsey, 
Hering, Johnson, Martin, Murray, Orr, Pratt, Sapp, Sauls^ 
bury, Smithers, Spruance, Wright. 

Journal read and approved. 

Mr. Ellegood presented a bill of Guyer & Hardesty for 
$301.20, which, upon his motion, was referred to the Com- 
mittee on Accounts. 

Mr. Hearne submitted the fourth report of the Committee 
on the Governor and Other Executive Officers, which, upon 
"his motion, was read, as follows: 

Fourth report of Committee on the Governor and Other 
Executive Officers. 

Resolved, That the following Article be inserted in the 
Constitution of Delaware: 

ARTICLE . 



Section 1. The General Assembly shall provide for the 
establishment and maintenance of a State Board of Health, 
which shall have supervision of all matters relating to public 
health, with such duties, powers and responsibilities as may be 
prescribed by law; and also for the establishment and mainten- 
ance of such local boards of health as may be necessary, to be 



265 

under the supervision of the State Board to such extent and 
have such powers as may be prescribed by the General Assem- 
Sly. 

Mr. Hearne moved that the fourth report of the Com- 
mittee on the Governor and Other Executive Officers be re- 
ferred to the Committee of the Whole, 

Which motion Prevailed. 

On motion of Mr. Hearne, the Convention resolved itself 
into Committee of the Whole for the consideration of the 
fourth report of the Committee on the Governor and Other 
Executive Officers, 

Mr. Martin in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

Mr. Ellegood was elected President pro tempore, when 
Mr. Martin reported that the Committee of the Whole, having 
had under consideration the fourth report of the Committee 
on the Governor and Other Executive Officers, report the 
adoption of the fourth report as submitted and recommend its 
adoption by the Convention. 

Mr. Martin moved that the report of the Committee of the 
Whole, on the fourth report of the Committee on the Governor 
and Other Executive Officers be accepted, 

Which motion Prevailed. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



266 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment, and was called 
to order by President Biggs. 

Mr. Gilchrist presented a substitute for both reports of the 
Committee on the Manufacture and Sale of Intoxicating 
Liquors, which, upon his motion, was read, as follows: 

Section 1. At the general election to be held on Tuesday 
next after the first Monday in November in the year A. D., 
1898, and every four years thereafter, every qualified elector 
shall be entitled to vote "for license" or "against license," and 
in every district, as hereinafter described, in which there is a 
majority against license, no person or persons, firm or firms, 
corporation or corporations shall thereafter manufacture or 
sell spirituous, vinous or malt liquors within said district until 
at a subsequent election a majority of votes shall be cast in said 
district for license. 

Section 2. Under the provisions of this Article, Sussex 
county shall comprise one district, Kent county one district, 
the City of Wilmington, as its corporate limits now are or they 
may hereafter be extended, one district, and the remaining 
part of New Castle county one district. 

Section 3. The General Assembly shall provide neces- 
sary laws to carry out and enforce the provisions of this 
Article, and shall enact laws governing the manufacture and 
sale of intoxicating liquors under the limitations of this Article 
of the Constitution, and provide such penalties as may be 
necessary to enforce the same. 

Mr. Gilchrist moved that the substitute as read be referred 
to the Committee of the Whole, 

Which motion Prevailed. 

On motion of Mr. Ellegood, the Convention resolved 
itself into Committee of the Whole for the consideration of the 



267 

majority and minority reports of the Committee on Manu- 
facture and Sale of Intoxicating Liquors and the proposed 
substitute, 

Mr. Cooch in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Mr. Cooch report- 
ed that the Committee of the Whole, having had under con- 
sideration the first report of the Committee on Manufacture 
and Sale of Intoxicating Liquors and the proposed substitute, 
report progress and ask leave to sit again. 

Mr. Carlisle moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until to-morrow at 10.30 o'clock, a. m., 
prevailed. 



268 

Tuesday, April 13, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. Alfred Smith. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, Dona- 
hoe, Ellegood, Evans, Gilchrist, Harman, Hearne, Horsey, 
Hering, Johnson, Martin, Murray, Orr, Pratt, Sapp, Sauls- 
bury, Smithers, Spruance, Wright, Mr. President. 

Journal read and approved . 

The President announced the following additional mem- 
bers to the Committee on Phraseology: Messrs. Cooper, 
Carlisle and Dasey. 

Mr. Clark requested leave of absence for the Sergeant at 
Arms this afternoon, which, upon his motion, was granted. 

On motion of Mr. Ellegood, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
first report of the Committee on Manufacture and Sale of In- 
toxicating Liquors and of the proposed substitute, 

Mr. Cooch in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Cooch report- 
ed that the Committee of the Whole, having had under con- 
sideration the first report of the Committee on Manufacture 
and Sale of Intoxicating Liquors and substitutes, report pro- 
gress and ask leave to sit again. 

Mr. Martin moved that the Committee of the Whole have 
leave to sit again. 

Which motion Prevailed. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



269 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

Upon motion of Mr. Saulsbury, Mr. Moore was excused 
for absence. 

On motion of Mr. Ellegood, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
first report of the Committee on Manufacture and Sale of In- 
toxicating Liquors and substitutes, 

Mr. Cooch in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Cooch re- 
ported that the Committee of the Whole, having had under 
consideration the first report of the Committee on Manufacture 
and Sale of Intoxicating Liquors and substitutes, report that 
the substitute, as amended, had been adopted and recommend 
its adoption by the Convention. 

Mr. Gilchrist moved that the report of the Committee of 
the Whole be accepted, 

Which motion Prevailed. 

Motion to adjourn until to-morrow, 10.30 o'clock, a. m., 
prevailed. 



270 



Wednesday, April 14, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Donahoe, Ellegood, Evans, Gilchrist, Harman, Hearne, Her- 
ing, Murray, Pratt, Saulsbury, Spruance, Wright, Mr. Presi- 
dent. 

Journal read and approved. 

Mr. Saulsbury, from the Committee on Accounts, sub- 
mitted the following report : 

The Committee on Accounts, to whom was referred the 
bill of Guyer & Hardesty for $301.20, for stenographic report- 
ing, recommends the adoption of the following resolution: 

Resolved. That the President of the Convention be and 
he is hereby authorized to draw his warrant upon the State 
Treasurer in favor of Guyer & Hardesty for $301.20, for sten- 
ographic reporting, on account of the current expenses of the 
Convention. 

Mr. Saulsbury moved the report be accepted and the reso- 
lution adopted, 

Which motion Prevailed. 

Mr. Cooper, on behalf of the Committee on the Bill of 
Rights, reported the Preamble and Article I, of the present 
Constitution in its entirety, with the following amendments: 

In Section t, strike out the words "the Author of the Uni- 
verse," and insert in lieu thereof the words "Almighty God." 



271 

Add at the end of Section 4: "But in any civil cause, 
upon the request of both parties, all issues of fact shall be de- 
termined by the court without a jury." 

And, wherever the word "Legislature" occurs, erase it and 
insert in lieu thereof the words "General Assembly." 

Mr. Carlisle moved that the report of the Committee on 
the Bill of Rights be accepted and referred to the Committee 
of the Whole, 

Which motion Prevailed. 

Mr. Cooch moved that Mr. Martin be granted leave of 
absence to-day and to-morrow, 

Which motion Prevailed. 

Mr. Saulsbury moved that Mr. Smithers be granted leave 
of absence to-morrow, 

Which motion Prevailed. 

Mr. Ellegooci moved that Mr. Horsey be granted leave of 
absence to-day and to-morrow, 

Which motion Prevailed. 

Mr. Saulsbury presented bill of Joshua D. Deane for 
$210.80, which, upon his motion, was referred to the Com- 
mittee on Accounts. 

On motion of Mr. Cooper, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
report of the Committee on Bill of Rights, 

Mr. Pratt in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Mr. Pratt reported 
that the Committee of the Whole, having had under considera- 
tion the first report of the Committee on Bill of Rights, report 
its adoption by the Committee of the Whole, as amended, and 
recommend its adoption by the Convention. 



272 

Mr. Cooper moved that the report of the Committee of 
the Whole be received and placed on the calendar of the Con- 
vention, 

Which motion Prevailed. 

On motion of Mr. Carlisle, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
report of the Committee on Alterations and Amendments, 

Mr. Cooch in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Mr. Cooch re- 
ported that the Committee of the Whole, having- had under 
consideration the first report of the Committee on Alterations 
and Amendments, report progress and ask leave to sit again. 

Mr. Gilchrist moved that the Committee of the Whole 
have leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



273 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

Leave of absence granted: Mr. Donahoe, to-morrow,. 
on motion of Mr. Ellegood; Mr. Biggs, to-morrow, on motion 
of Mr. Cooch. 

On motion of Mr. ITarman, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
report of the Committee on Alterations and Amendments, 

Mr. Cooch in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

Mr. Ellegood was elected President pro tempore, when 
Mr. Cooch reported that the Committee of the Whole, having 
had under consideration the first report of the Committee on 
Alterations and Amendments, report progress and ask leave to 
sit again. 

Mr. Dasey moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 10.30 o'clock, a. m., to-morrow. 
prevailed. 



1S-C 



274 



Thursday, April 15, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Called to order by the Secretary. 

Upon motion by Mr. Harman, M«r. Johnson was elected 
President pro tempore. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Ellegood, Gilchrist, Harman, Hearne, Horsey, Hering, John- 
son, Murray, Pratt, Sapp, Saulsbury, Smithers, Wright. 

Journal read and approved. 

Mr. Horsey moved that the report of the Committee on 
Agriculture, as adopted in the Committee of the Whole, be 
referred to the Committee of the Whole for further considera- 
tion. 

Which motion Prevailed. 

On motion of Mr. Horsey, the Convention resolved itself 
into Committee of the Whole for the consideration of the re- 
port of the Committee on Agriculture, as adopted in the Com- 
mittee of the Whole, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President pro tempore resumed the chair, when Mr. 
Gilchrist reported that the Committee of the Whole, having 
had under consideration the report of the Committee on Agri- 
culture, as adopted in the Committee of the Whole, report, 
recommending that it be recommitted to the standing Com- 
mittee on Agriculture. 



/o 



Mr. Gilchrist moved that the report be recommitted to the 
Committee on Agriculture, 

Which motion Prevailed. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

Upon motion of Mr. Burris, the Assistant Secretary was 
excused at 3 o'clock, p. m. 

On motion of Mr. Cooch, Mr. Bradford was granted leave 
of absence from 3 o'clock until to-morrow morning. 

On motion of Mr. Harman, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
report of the Committee on Alterations and Amendments ot 
the Constitution, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President pro tempore resumed the chair, when Mr. 
Gilchrist reported that the Committee of the Whole, having 
had under consideration the first report of the Committee on 
Alterations and Amendments of the Constitution, report pro- 
gress and ask leave to sit again. 

Mr. Gilchrist moved that the Committee of the Whole 
have leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until. Monday, 10.30 o'clock, a. m.. pre- 
vailed. 



276 



Monday, April 19, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment, and was called 
to order by the Secretary. 

Upon motion of Mr. Hearne, Mr. Saulsbury was elected 
President pro tempore. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Cavender, Clark, Cooch, Cooper, Dasey, Dona- 
hoe, Ellegood, Evans, Gilchrist, Harman, Hearne, Horsey, 
Hering, Johnson, Martin, Moore, Murray, Pratt, Richards, 
Sapp, Saulsbury, Smithers, Spruance, Wright. 

Journal read and approved. 

Mr. Ellegood presented bill of Guyer & Hardesty for 
$328.20, which, upon his motion, was referred to the Commit- 
tee on Accounts. 

Mr. Johnson moved that Rule 4 be amended by inserting 
in the second line between the words "more" and "than'' the 
words '"than five minutes at one time and not more," also in 
the third line between the words "leave" and "obtain" the 
word "of the Convention," so that the amended rule would 
read: 

Rule 4 — No member shall be allowed to speak upon any 
subject more than five minutes at one time and not more than 
twice, except in explanation, without leave of the Convention 
obtained through the President, and no member shall interrupt 
another while speaking, unless on points of order, and then 
only by permission of the President, provided that this rule 
shall not be applicable to the Committee of the Whole. 

Mr. Martin moved that the proposed amendment be re- 
ferred to the Committee on Rules, 



277 

Which motion Prevailed. 

Mr. Horsey moved that the President pro tempore ap- 
point two additional members to the Committee on Agricul- 
ture, 

Which motion Prevailed. 

Whereupon the President pro tempore announced Messrs. 
Bradford and Cooper as the additional members. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment and was called 
to order bv President Bisres. 



Mr. Horsey, on behalf of the Committee on Ag-riculture, 
submitted its second report, as follows: 

Second report of the Committee on Agriculture. 

Section 1. There shall be a department established and 
maintained, known as the State Board of Agriculture. 

Section 2. The said board shall be composed of three 
Commissioners of Agriculture, one of whom shall reside in 
each county in the State. Any two of them shall constitute a 
quorum for the transaction of business. 

Section 3. The said three Commissioners of Agriculture 
shall be appointed by the Governor, by and with the consent of 
a majority of all the members elected to the Senate, one for 
the term of one year, one for the term of two years and one for 
the term of three years; and thereafter all appointments of 
Commissioiiers of Agriculture shall be made as aforesaid for 
the term of three years, and they shall hold office until their 
sticcessors are duly qualified: provided, that any vacancy 
occurring in the office of Commissioner of Agriculture before 
the expiration of a term shall be filled by appointment as afore- 



2 7 8 

said for the remainder of the term ; and provided further, that 
in case such vacancy shall occur when the Senate is not in 
session, such vacancy may be filled by the Governor without 
confirmation by the Senate until the Senate shall next be in 
session. 

Section 4. The said board shall have the power to abate 
and prevent, by such means as the General Assembly shall 
prescribe, all contagious and infectious diseases of fruit trees, 
plants, vegetables, cereals, horses, cattle and other farm ani- 
mals, and upon complaint made by the board to the Attorney 
General, of any grievances committed by any common carrier 
or transportation company touching freight charges or effi- 
ciency of transportation, it shall be the duty of the Attorney 
General to institute and prosecute proceedings for the investi- 
gation and redress of such grievances in manner as shall be 
provided by law. 

Section 5. The said commissioners may devise such 
plans for securing immigration to this State of industrious and 
useful settlers as they may deem expedient, and such plans may 
be executed as prescribed by the General Assembly. 

Section 6. The General Assembly shall provide by law 
for the compensation of the members of said board, prescribe 
and define their duties, and enact suitable provisions for the 
execution by the said board of the powers herein designated. 

Section 7. The Board of Agriculture hereby established 
shall continue for eight years from the date of the qualification 
of the first member thereof, after which it may be abolished by 
the General Assembly. 

ANDREW J. HORSEY, 

D. S. CLARK, 

e. w. cooper, 
edward g. Bradford; 

E. X. MOORE, 
TAMES B. GILCHRIST, 
W. T. CAVENDER, 
NATHAN PRATT, 

I. K. WRIGHT. 

Mr. Horsey moved that the second report of the Com- 



279 

mittee on Agriculture be referred to the Committee of the 
Whole, 

Which motion Prevailed. 

Upon motion of Mr. Martin, Mr. Dasey was granted leave 
of absence. 

Mr. Martin presented bill of the "Sussex Journal" for $16, 
which, upon his motion, was referred to the Committee on 
Accounts. 

On motion of Air. Horsey, the Convention resolved itself 
into Committee of the Whole for the consideration of the sec- 
ond report of the Committee on Agriculture, 

• Mr. Cooch in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Mr. Cooch re- 
ported that the Committee of the Whole, having had under 
consideration the second report of the Committee on Agricul- 
ture, report the adoption of the second report of the Committee 
on Agriculture, as amended by the Committee of the Whole, 
and recommend its adoption by the Convention. 

Mr. Gilchrist moved that the report of Committee of the 
Whole be accepted, 

Which motion Prevailed. 

Mr. Horsey moved that the Committee on Printing have 
printed 100 copies of the second report of the Committee on 
Agriculture, as amended, 



k fe 



Which motion Prevailed. 



Mr. Richards moved that Section 18 of the first report of 
the Committee on the Legislature be referred to the Com- 
mittee of the Whole, 

Which motion Prevailed. 

( )n motion of Mr. Richards, the Convention resolved 
itself into Committee of the Whole for the consideration of 



28o 

Section 18 of the first report of the Committee on the Legisla- 
ture, 

Mr. Martin in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Mr. Martin re- 
ported that the Committee of the Whole, having had under 
consideration Section 18 of the first report of the Committee 
on the Legislature, report its amendment and adoption by the 
Committee of the Whole and recommend its adoption as 
amended by the Convention. 

Mr. Richards moved that the report of the Committee of 
the Whole be received, 

Which motion Prevailed. 

On motion of Mr. Martin, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
report of the Committee on Alterations and Amendments of 
the Cons*itirion, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 
consideration the first report of the Committee on Alterations 
and amendments of the Constitution, report progress and ask 
leave to sit again. 

Mr. Saulsbury moved that the report of the Committee of 
the Whole be accepted, 

Which motion Prevailed. 

Motion to adjourn until to-morrow, 10.30 o'clock, a. m., 
prevailed. 



2Sl 



Tuesday, April 20, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Can- 
non, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, Dona- 
hoe, Ellegood, Evans, Gilchrist, Harman, Hearne, Hering, 
Martin, Moore, Murray, Pratt, Richards, Sapp, Saulsbury, 
Smithers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Leave of absence granted for to-morrow: ]\(fr. Donahoe, 
on motion of Mr. Cooch; Mr. Wright, on motion of Mr. Gil- 
-christ . 

On motion of Mr. Carlisle, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
report of the Committee on Alterations and Amendments, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 
consideration the first report of the Committee on Alterations 
and Amendments, report progress and ask leave to sit again. 

Mr. Dasey moved that the Committee of the Whole have 
leave to sit again. 

Which motion Prevailed. 

Motion to adjourn until 2 o'clock, p. m.. prevailed. 



282 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

Leave of absence was granted to the Secretary, Charles 
R. Jones, until to-morrow from 3 o'clock, by motion of Mr. 
Donah oe. 

On motion of Mr. Martin, the Convention resolved itself 
into Committee of the Whole for the consideration of the first 
report of the Committee on Alterations and Amendments, 

Mr. Gilchrist in the chair. 

After some time spent therein Committee of the Whole 
rose. 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having- had under 
consideration the first report of the Committee on Alterations 
and Amendments, report the adoption of the first report of the 
Committee on Alterations and Amendments, with sundry 
amendments, and recommend its adoption by the Convention. 

Mr. Gilchrist moved that the report of the Committee of 
the Whole be received, 

Which motion Prevailed. 

Mr. Bradford moved that the Committee on Printing have 
100 copies of the amended report of the Committee on Altera- 
tions and Amendments printed, 

Which motion Prevailed. 

Mr. Bradford moved that Section 4 of the second report 
of the Committee on Corporations, as amended, be referred to 
the Committee of the Whole , 

W nich motion Prevailed. 



2S 3 

On motion of Mr. Bradford, the Convention resolved 
itself into Committee of the Whole for the consideration of 
Section 4 of the second report of the Committee on Corpora- 
tions, as amended and adopted in the Committee of the Whole, 

Mr. Dasey in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Dasey report- 
ed that the Committee of the Whole, having had under con- 
sideration Section 4 of the second report of the Committee on 
Corporations, as amended and adopted in Committee of the 
Whole, report that Section 4 of the report of the Committee on 
Corporations has been stricken out. 

Mr. Saulsbury moved that the report of the Committee of 
the Whole be received, 

Which motion Prevailed. 

Mr. Cooper moved that Section 2 of the first and second 
report of the Committee on Education be referred to the Com- 
mittee of the Whole, for the purpose of adding important mat- 
ter thereto, 

Which motion Prevailed. 

On motion of Mr. Gilchrist, the Convention resolved 
itself into Committee of the Whole for the consideration of 
Section 2 of the first and second reports of the Committee on 
Education for the purpose of adding important matter thereto, 

Mr. Martin in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Martin re- 
ported that the Committee of the Whole, having had under 
consideration Section 2 of the first and second reports o\ the 
Committee on Education, for the purpose o\ adding import- 



28 4 

ant matter thereto, report that an addition has been made to 
Section 2 and recommend its adoption by the Convention. 

Mr. Martin moved that the report be accepted, 

Which motion Prevailed. 

Motion to adjourn until 10.30 o'clock, a. m., tomorrow, 
prevailed. 



28^ 



Wednesday, April 21 , 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Called to order by the Secretary. 

Upon motion of Mr. Clark, Mr. Cooch was made Presi- 
dent pro tempore. 

Prayer by the Rev. J. H. Beauchamp. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Cavender, Clark, Cooper, Dasey, Ellegood, Gil- 
christ, Harman, Hearne, Horsey, Hering, Johnson, Martin, 
Murray, Pratt, Richards, Saulsbury, Smithers, Spruanee. 

Journal read and approved. 

Mr. Saulsbury, from the Committee on Accounts, sub- 
mitted the following report: 

The Committee on Accounts, to whom was referred the 
bill of Guyer & Hardesty for $328.20, for stenographic report- 
ing, recommends the adoption of the following resolution. 

Resolved, That the President be and -he is hereby author- 
ized to draw his warrant upon the State Treasurer in favor of 
Guyer & Hardesty for $328.20, for stenographic reporting, on 
account of the current expenses of the Convention. 

Mr. Dasey moved that the report be accepted and the res- 
olution adopted, 

Which motion Was Lost. 

Motion to take a recess until 2.30 o'clock, p. m., prevailed. 



286 



bled. 



Same Day, 2.30 o'clock, p. m. 
At the expiration of the recess, the Convention re-assem- 



Mr. Saulsbury moved that when the Convention adjourn 
it will be to meet Friday next at 10.30 o'clock, a. m., 

Which motion . Prevailed. 

By unanimous consent, Mr. Clark was excused for Friday. 

Air. Bradford moved that the Committee on Phraseology 
and Arrangement be granted the privilege of having its reports 
printed in sections as rapidly as they can be prepared for the 
printer. 

Which motion Prevailed. 

Motion to adjourn until Friday morning at 10.30 o'clock, 
prevailed. 



28 7 



Friday, April 23, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. J. H. Beauchamp. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Cooch, Dasey, Donahoe, Gil- 
christ, Harman, Horsey, Hering, Johnson, Murray, Pratt, 
Sapp, Saulsbury, Smithers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Leave of absence granted: Mr. Moore for to-day, on mo- 
tion of Mr. Gilchrist; Mr. Martin for to-day, on motion of Mr. 
Dasey; Mr. Ellegood for to-day, on motion of Mr. Saulsbury. 

Mr. Bradford moved that the Committee on Phraseology 
and Arrangement be authorized to report such changes to this 
Convention as will not militate against the policy of the pro- 
posed Constitution but will supply and correct defects, 

Which motion Prevailed. 

Mr. Saulsbury moved that when this Convention adjourn 
it will be to meet next Thursday at 10.30 o'clock, a. m.. 

Which motion Prevailed. 

Mr. Spruance moved that the Committee on the Legisla- 
ture be authorized to have printed a suitable number of their 
report in reference to districting, and mail to each member of 
the Convention, 

Which motion Prevailed. 

Motion to adjourn until Thursday next at 10. 30 o'clock, 
a. m., prevailed. 



288 



Thursday, April 29, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. F. C. Cline. 

Roll called. Members present:. Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey,. 
Donahoe, Ellegood, Evans, Gilchrist, Harman,' Hearne, Hor- 
sey, Hering, Johnson, Martin, Moore, Murray, Orr, Pratt, 
Richards, Sapp, Saulsbury, Smithers, Spruance, Wright, Mr. 
President. 

Journal read and approved. 

Mr. Ellegood presented bill of Guyer & Hardesty of $268,. 
which, upon his motion, was referred to the Committee on Ac- 
counts. 

Mr. Martin moved to adjourn until 2 o'clock, p. m., 

Which motion Was Withdrawn. 

Mr. Cooch moved that the sub committees of the Com- 
mittee on the Legislature, be increased to include all the Dele- 
gates from each county. 

"Motion to adjourn until 2 o'clock, p. m., prevailed. 



289 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Saulsbury presented a request from C. R. Jones, Sec- 
retary, and submitted the following resolution: 

Resolved, That the President of the Convention be and he 
is hereby authorized to draw his warrant upon the State Treas- 
urer in favor of Charles R. Jones for two hundred dollars on 
account of salary as Secretary of the Convention, 

Which resolution Was Adopted. 

Mr. Saulsbury presented bill of M. E. Haman for $40.00, 
which, upon his motion, was referred to the Committee on Ac- 
counts. 

Mr. Saulsbury presented bill of T. M. Gooden for $40.00, 
which, upon his motion, was referred to the Committee on Ac- 
counts. 

Mr. Cooch renewed his motion made this morning", which, 
by unanimous consent, was withdrawn. 

Motion to take a recess until 5 o'clock, p. m., prevailed. 



19-c 



290 



Same Day, 5 o'clock, p. m. 

At the expiration of the recess the Convention recon- 
vened; and, upon motion by Mr. Ellegood, Mr. Hering was 
elected President pro tempore. 

Mr. Saulsbury, from the Committee on Accounts, submit- 
ted the following report: 

The Committee on Accounts, to whom were referred bills 
from Guyer & Hardesty, M. E. Haman and Thos. M. Gooden, 
postmaster, recommends the adoption of the following reso- 
lution : 

Resolved, That the President of the Convention be and he 
is hereby authorized to draw warrants upon the State Treas- 
urer as follows : in favor of Guyer & Hardesty for $268.00, for 
stenographic reporting; in favor of M. E. Haman for $40.00 
for ice; in favor of Thomas M. Gooden, postmaster, for $40.00 
for stamps. 

Air. Saulsbury moved that the report be accepted and the 
resolution adopted, 

Which motion . Prevailed. 

Motion to adjourn until to-morrow at 10.30 o'clock, a. m., 
prevailed. 



291 



Friday, April 30, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. J. C. Pierce. 

Roll called. Members present: Messrs. Bradford, Bur- 
ris, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Donahoe, Ellegood, Evans, Gilchrist, Harman, Hearne, Hor- 
sey, Hering, Johnson, Martin, Moore, Murray, Orr, Pratt, 
Richards, Sapp, Saulsbury, Smithers, Spruance, Wright, Mr. 
President. 

Journal read and approved. 

Motion to take a recess until 12 o'clock m., prevailed. 



Same Day, 12 o'clock, m. 

At the expiration of the recess, the Convention reassem- 
bled. 

Mr. Richards, on behalf of the Committee on the Legisla- 
ture, requested that the sub committees be permitted to present 
the report of the Committee on the Legislature relating to the 
districting of the several counties. 

Whereupon, Mr. Bradford read the following report for 
2\ew Castle county: 

REPRESENTATIVE DISTRICTS 

No. 1. All that portion of the City of Wilmington in- 
cluded within the Second Ward and the Fourth Ward, as their 
respective limits now exist or shall hereafter bo extended, and 



292 

that part of the Sixth and Eighth Wards, as their respective 
limits now exist or shall hereafter be extended, lying south of 
and bounded by the central line of Eighth street, as the same 
now exists or shall hereafter be extended. 

Xo. 2. All that portion of the said city included in the 
Ninth Ward, as its limits now exist or shall hereafter be ex- 
tended, and that part of the Sixth and Eighth Wards, as their 
respective limits now exist or shall hereafter be extended, lying 
north of and bounded by the central line of Eighth street, as 
the same now exists or shall hereafter be extended. 

Xo. 3. All that portion of the said city included in the 
Seventh Ward, as its limits now exist or shall hereafter be ex- 
tended, and that part of the Fifth Ward, as its limits now exist 
or may hereafter be extended, lying north of and bounded by 
the central line of Eighth street, as the same now exists or shall 
hereafter be extended. 

No. 4. All that portion of the said city included in the 
First and Third Wards, as their respective limits now exist or 
shall hereafter be extended, and that part of the Fifth Ward, 
lying south of and bounded by the central line of Eighth street, 
as the same now exists, east of and bounded by the central line 
of Adams street, as the same now exists, and west of and 
bounded by the central line of Market street, as the same now 
exists. 

Xo. 5. All that portion of the said city included within 
the Tenth Ward, as its limits now exist, the Eleventh and. 
Twelfth Wards, as their respective limits now exist or shall 
hereafter be extended, and that part of the Fifth Ward, as its 
limits now exist or shall hereafter be extended, lying south 
of and bounded by a straight line including the central line of 
Eighth street, as the same now exists or shall hereafter be ex- 
tended, west of and bounded by the central, line of Adams 
street, as the same now exists, and the westerly boundary of 
the said city, as the same now exists or shall hereafter be ex- 
tended. 

X^o. 6. All of Brandywine Hundred, as its limits now 
exist or shall be changed by the extension of the limits of the- 
City of Wilmington. 



293 

No. 7. All of Christiana Hundred, as its limits now exist 
or shall be changed by the extension of the limits of said city. 

No. 8. All of Mill Creek Hundred, as its limits now exist. 

No. 9. All of White Clay Creek Hundred, as its limits 
now exist. 



No. 10. All of New Castle Hundred, as its limits now 
exist or shall be changed by the extension of the limits of said 
.city. 

No. 1 1. All of Pencader Hundred, as its limits now exist. 

No. 12. All of Red Lion Hundred, as its limits now exist. 

No. 13. All of St. Georges Hundred, as its limits now 
exist. 

No. 14. All of Appoquinimink Hundred, as its limits 
now exist. 

No. 15. All of Blackbird Hundred, as its limits now 
exist. 

SENATORIAL DISTRICTS. 

No. 1. All that portion of the City of Wilmington, as its 
limits now are or shall hereafter be extended, lying to the 
north and bounded by a straight line including the central line 
of Eighth street extending from the Delaware River to the 
westerly boundary of said city, as the said boundary now is or 
shall hereafter be extended. 

No. 2. All that portion of the said city, as its limits now 
arc or shall hereafter be extended, lying to the south of and 
bounded by the straight line aforesaid including the central 
line of Eighth street. 

No. 3. All of Brandywine Hundred, as its limits now 
exist or shall be changed by the extension of the city of Wil- 
mington, together with all that portion of Christiana Hundred, 
as its limits now exist or shall be changed by the extension of 
the limits of said city, lying northeasterly of and bounded by 
the central line of the Wilmington and ECennett Turnpike 
Road. 



294 

Xo. 4. All of Mill Creek Hundred, as its limits now exist, 
together with all that portion of Christiana Hundred, as its 
limits now exist or shall be changed by the extension of the 
limits of the said city, lying southwesterly of and bounded by 
the central line of the said Kennett Turnpike Road. 

Xo. 5. All of White Clay Creek Hundred and Red Lion 
Hundred, as their respective limits now exist, and Xew Castle 
Hundred, as its limist now exist or may hereafter be changed 
by the extension of the City of Wilmington. 

Xo. 6. All of Pencader Hundred and St. Georges Hun- 
dred, as their respective limits now exist. 

Xo. 7. All of Appoquinimink Hundred and Blackbird 
Hundred, as their respective limits now exist. 

Mr. Saulsbury read the following as the Representative 
Districts and Senatorial Districts in Kent county : 

In Kent county ten Representative Districts, numbers six- 
teen to twenty-five inclusive, as follows: 

District number sixteen shall consist of Duck Creek Hun- 
dred. 

District number seventeen shall consist of Little Creek 
Hundred and the First Election District of East Dover Hun- 
dred. 

District number eighteen shall consist of Kenton Hundred. 

District number nineteen shall consist of West Dover 
Hundred and that portion of East Dover Hundred lying next 
to West Dover Hundred and separated from the rest of East 
Dover Hundred by the following boundary lines : beginning at 
the middle of the public road leading from the Horsehead road 
to Kenton at the point of intersection of Kenton Hundred and 
East Dover Hundred, thence running along with the middle 
of the said road to its point of intersection with the Horsehead 
road, thence running in a westerly direction along with the 
middle of the said Horsehead road a short distance to a short 
road leading from the said Horsehead road to the road from 
Dover to Hazlettville, known as the Hazlettville road, thence 



295 

running along with the middle of the said short road from the 
Horsehead road to the said Hazlettville road, thence running 
in a westerly direction along with the middle of the said Haz- 
lettville road a short distance to the road leading therefrom to 
Wyoming, thence running along with the middle of the said 
road leading from the said Hazlettville road to Wyoming to 
the point of intersection of East Dover Hundred and North 
Murderkill Hundred. 

District number twenty shall consist of all that portion of 
East Dover Hundred not included in Districts number seven- 
teen and nineteen. 

District number twenty-one shall consist of parts of North 
Murderkill, South Murderkill and Mispillion Hundreds and 
be included within the following boundary lines: Beginning 
at the intersection of the southern line of South Murderkill 
Hundred with the State of Maryland, thence running along 
with the division line between Mispillion Hundred and South 
Murderkill Hundred to the public road leading from White- 
leysburg to Harrington, thence running in a southeasterly and 
easterly direction along with the middle of said public road to 
the public road leading from Masten's Corner to Vernon, at or 
near White's Church, thence running in a northeasterly direc- 
tion along with the middle of the said public road leading from 
Masten's Corner to Vernon a short distance to the public road 
leading therefrom to the town of Harrington, being a continu- 
ation of the road leading from Whiteleysburg to Harrington, 
thence running in a southeasterly direction to the intersection 
of West street in the town of Harrington, thence running in a 
northerly direction along with the middle of said West street 
to the middle of Wokott street in said town of Harrington, 
thence running in an easterly direction along with the middle 
of said Wolcott street to the middle of Dorman street in said 
town of Harrington, thence running in a northerly direction 
along with the middle of said Dorman street to Brown's 
Branch, thence running in an easterly direction along with the 
course of said branch to the Delaware railroad, thence running 
in a northerly direction along with said Delaware railroad to 
Beaver Dam Branch in South Murderkill Hundred, thence 
following the course of said Beaver Dam Branch in a north- 
easterly direction to the public road leading from Felton to 



296 

Whiteleysburg, thence running in a northeasterly direction 
along with the middle of the said public road from Felton to 
Whiteleysburg to the Owl's Xest road, thence running in a 
northerly direction along with the middle of the said Owl's 
Xest road to the intersection of the Cowgill road from Wood- 
side to Petersburg, thence running in a northeasterly direction 
along with the middle of the said Cowgill road to the Reed 
road running from Woodside to DuPont's school house, 
thence running a northwesterly direction along with the mid- 
dle of the said Reed road to DuPont's school house, thence 
running in a northerly direction along with the middle of the 
public road leading from Willow Grove to Camden a short dis- 
tance to Stubb's Corner, thence running in a westerly and 
northwesterly and westerly direction along with the middle of 
the public road leading from DuPont's school house to the 
Almshouse to Gray's corner, thence continuing in a direct 
westerly line to the southern boundary line of West Dover 
Hundred, thence following the southern boundary line of West 
Dover Hundred in a westerly direction to the State of Mary- 
land, thence running in a southerly direction along with the 
eastern boundary line of the State of Maryland to the place of 
beginning. 

District number twenty-two shall consist of all that por- 
tion of North Murderkill Hundred not included in District 
number twenty-one. 

District number twenty-three shall consist of all that por- 
tion of South Murderkill Hundred not included in District 
number twenty-one. 

District number twenty-four shall consist of all that por- 
tion Mispillion Hundred not included in District number 
twenty-one. 

District number twenty-five shall consist of Milford Hun- 
dred. 

In Kent county five Senatorial Districts, numbers eight 
to twelve inclusive, as follows: 

District number eight shall consist of the sixteenth and 
seventeenth Representative Districts. 



297 

District number nine shall consist of the eighteenth and 
nineteenth Representative Districts. 

District number ten shall consist of the twentieth and 
twenty-second Representative Districts. 

District number eleven shall consist of the twenty-first and 
twenty-fourth Representative' Districts. 

District number twelve shall consist of the twenty-third 
and twenty-fifth Representative Districts. 

Mr. Richards read the following two reports for Sussex 
county : 

REPRESENTATIVE DISTRICTS. 

Cedar Creek Hundred. 

Broadkiln Hundred. 

Nanticoke Hundred and North West Fork Hun- 

Seaford Hundred. 

Little Creek Hundred. 

No. 31. Broad Creek Hundred. 

No. 32. Gumboro Hundred and Dagsboro Hundred. 

No. 33. Baltimore Hundred. 

No. 34. Georgetown Hundred. 

No. 35. Indian River Hundred and Lewes and Reho- 
both Hundred. 

SENATORIAL DISTRICTS. 

No. 13. Cedar Creek Hundred and Broadkiln Hundred. 

No. 14. Nanticoke Hundred, North West Fork Hun- 
dred and Seaford Hundred. 

No. 15. Little Creek Hundred and Broad Creek Hun- 
dred. 



No. 


26. 


No. 


2/. 


No. 
drecl. 


28. 


No. 


29. 


No. 


30. 



298 

Xo. 16. Gumboro Hundred, Dagsboro Hundred and 
Baltimore Hundred. 

No. 17. Georgetown Hundred, Indian River Hundred 
and Lewes and Rehoboth Hundred. 

Second report. 

REPRESENTATIVE DISTRICTS. 

No. 26. Cedar Creek Hundred. 

No. 27. North West Fork Hundred and North Nanti- 
coke Hundred. 

No. 28. Georgetown Hundred. 

Broadkiln Hundred and Lewes and Rehoboth 

Indian River Hundred and Baltimore Hundred. 
Dagsboro Hundred. 

East Broad Creek Hundred and Gumboro Hun- 
Little Creek Hundred. 
Seaford Hundred. 
West Broad Creek Hundred and South Nanti- 

SENATORIAL DISTRICTS. 

No. 13. Cedar Creek Hundred, North West Fork Hun- 
dred and North Nanticoke Hundred. 

No. 14. Georgetown Hundred, Broadkiln Hundred and 
Lewes and Rehoboth Hundred. 

No. 15. Dagsboro Hundred, Indian River Hundred and 
Baltimore Hundred. 

No. 16. Little Creek Hundred, East Broad Creek Hun- 
dred and Gumboro Hundred. 



No. 29. 
Hundred. 


No. 


30. 


No. 


3i- ] 


No. 
dred. 


32. 


No. 


33- " 


No. 


34- ! 


No. 35. 
coke Hundred 



299 

No. 17. Seaford Hundred, West Broad Creek Hundred 
and South Nanticoke Hundred. 

Nanticoke Hundred divided north and south by Gravelly 
Branch. 

Broad Creek Hundred divided east and west by the 
county road leading from Concord to Laurel. 

Mr. Bradford moved that when the Convention adjourn 
it will be to meet Tuesday at 10.30 o'clock, a. m., 

Which motion Prevailed 

Motion to adjourn prevailed. 



3oo 



Tuesday, May 4, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. J. H. Beauchamp. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Donahoe, Ellegood, Evans, Gilchrist, Harman, Hearne, Hor- 
sey, Hering, Johnson, Martin, Moore, Murray, Orr, Pratt, 
Richards, Sapp, Saulsbury, Smithers, Spruance, Wright, Mr. 
President. 

Journal read and approved. 

Mr. Richards, on behalf of the Committee on the Legisla- 
ture, reported a supplemental report of the sub committee for 
New Castle county, which was read by Air. Bradford, as fol- 
lows : 

All territory which shall hereafter be added to and in- 
cluded within the City of Wilmington, as the limits thereof 
shall be extended, shall be added to and become part of the 
said Representative Districts, as follows: 

All lying east of a straight line including the central line 
of Market street, below Eighth street, as the said two streets 
now exist, and south of a straight line including the central line 
of Eighth street, as the same now exists, shall become part of 
Representative District Xo. 1. 

All lying north of a straight line including the central line 
of Eighth street, as the same now exists, extending from the 
northeasterly side of Brandy wine Creek to the Delaware River, 
or north of the Brandywine Creek, westerly from the point of 
intersection of the said straight line with the northeasterly side 
of the said creek, shall become part of Representative District 
No. 2. 



3 oi 

All lying north of a straight line including the central line 
of Eighth street, as the same now exists, south of the Brandy- 
wine Creek, and west of the central line of Market street, as 
the same now exists, shall become part of Representative Dis- 
trict No. 3. 

All lying between a straight line including the central line 
of Market street extended southerly and a straight line includ- 
ing the central line of Washington street extended southerly 
shall become part of Representative District No. 4. 

All lying south of a straight line including the central line 
of Eighth street, as the same now exists, and west of a straight 
line including the central line of Washington street, as the 
same now exists, shall become part of Representative District 
No. s. 

In case of any change in the boundary line between this 
State and the State of Pennsylvania, the said Senatorial and 
Representative Districts shall conform to any new boundary 
line between the said States. 

On motion of Mr. Richards, the Convention resolved 
itself into Committee of the Whole for the consideration of the 
reports of the Committee on the Legislature districting the 
State, 

Mr. Evans in the chair. 

After some time spent therein the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Evans report- 
ed that the Committee of the Whole, having had under con- 
sideration the reports of the Committee on the Legislature 
districting the State, report progress and ask leave to sit again. 

Mr. Evans moved that the Committee of the Whole have 



Which motion Prevailed. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



302 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Bradford, on behalf of the Committee on Phraseology, 
submitted its second report, which, upon his motion, was read 
as follows: 

Second report of the Committee on Phraseology and Ar- 
rangement. 

The Committee on Phraseology and Arrangement recom- 
mends the following amendments: 

1. . Strike out Section 19 of the first report of the Com- 
mittee on the Legislature and Section 2 of the fourth report of 
the said committee (Article II. Section 14) and substitute in 
lieu thereof the following: 

Section 14. The compensation of members of the Gen- 
eral Assembly and of the Lieutenant Governor as President of 
the Senate shall be fixed by law and be paid out of the treasury 
of the State. Xo law varying such compensation shall take 
effect until after a general election shall have been held since 
its enactment. 

2. Strike out all of Section 18 of the first report of the 
Committee on the Legislature (Article II, Section 15) after the 
word "title" in the third line thereof. 

3. Insert after the words "Chief Justice," in line ten of 
Section 4, of the third report of the Committee on Governor, 
&c, (Article III, Section 4) the following: 

"or in case of his absence or disability, the Chancellor." 

4. Strike out Section 6 of the third report of the Com- 
mittee on the Governor, &c, (Article III, Section 6). 

5. Strike out lines twenty-three, twenty-four, twenty-five 
and twenty-six of Section 11 of the third report of the Com- 



3°3 

mittee on the Governor, &c. (Article III, Section n) and sub- 
stitute in lieu thereof the following: 

Unless herein otherwise provided, confirmation by the 
Senate of officers appointed by the Governor shall be required 
only where the salary, fees and emoluments of office shall ex- 
ceed the sum of five hundred dollars annually. 

6. Amend Section 12 of the third report of the Com- 
mittee on the Governor, &c. (Article III, Section 12), by strik- 
ing out the words "three-fifths" in line two thereof, and insert- 
ing the words "a majority," and by striking out the words 
"Governor's continuance in office, if he shall so long behave 
himself well," in lines four and five thereof, and inserting the 
words "pleasure of the Governor." 

7. Insert after the words "'United States" in line nine of 
Section 13 of the third report of the Committee on Governor, 
&c. (Article III, Section 13) the following: 

Except officers usually appointed by the courts of justice 
respectively and attorneys-at-law. 

8. Strike out of Section 22 of the third report of the Com- 
mittee on the Governor, &c. (Article III, Section 21) the 
words: 

"or as Governor during a temporary disability of the Gov- 
ernor." 

9. Amend Section 23 of the third report of the Com- 
mittee on the Governor, &c. (Article III, Section 22) by add- 
ing at the beginning of the said section the following: 

"In case the person elected Governor shall die or become 
disqualified before the commencement of his term of office, or 
shall refuse to take the same, or." 

And by striking out the words "failure to qualify" 
wherever they occur in the said section. 

10. Amend Section 2 of the first and second reports o\ 
the Committee on Education (Article X, Section 2) by striking 
out of said section all after the word "apportionment" in line 



304 

fourteen and before the word "provided" in lines sixteen and 
seventeen; and by striking out all of said section after the word 
"maintained" in line nineteen. 

ii. Amend Section 4 of the second report of the Com- 
mittee on the Judiciary (Article IV, Section 4) by striking out 
of lines four and five the words "three thousand dollars,," and 
inserting the following: 

"thirty-five hundred dollars for the Chancellor and Chief 
Justice respectively, nor less than three thousand dollars for 
the Associate Judges respectively." 

Add the following sections under the appropriate heads: 

(a) Section — . The Chancellor may, from time to time, 
appoint a Master in Chancery, who shall have power, during 
the absence of the Chancellor from the State or his temporary 
disability, to grant restraining orders and preliminary injunc- 
tions, pursuant to the rules of the Court of Chancery. 

(b) Section — . Xo law shall extend .the term of any 
public officer, or diminish his salary or emoluments, after his 
election or appointment. 

(c) Section — . All public officers shall hold their respec- 
tive offices until their successors shall be duly qualified, ex- 
cept in cases herein otherwise provided. 

(d) Section — . The General Assembly shall meet and sit 
in Dover, the Capital of the State; provided, however, that in 
case of insurrection, conflagration or epidemic disease, the 
General Assembly may temporarily meet and sit elsewhere. 

EDWARD G. BRADFORD, 
W. C. SPRUANCE, 
TAMES B. GILCHRIST, 
EDWARD D. HEARNE, 
ROBERT W. DASEY, 
T. WILKINS COOCH, 
WM. SAULSBURY, 
PARIS T. CARLISLE, JR. 

Mr. Bradford moved that the report just read be referred 
to the Committee of the Whole, 



305 
Which motion Prevailed. 

On motion of Mr. Richards, the Convention resolved itself 
into Committee of the Whole for the consideration of the 
Legislative reports on districting the State. 

Mr. Evans in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

On motion of Mr. Saulsbury, Mr. Sapp was elected Presi- 
dent pro tempore, when Mr. Evans reported that the Com- 
mittee of the Whole, having had under consideration the 
Legislative reports on districting the State, report the adop- 
tion of the districts named in the reports of the sub-committees, 
and recommend their adoption by the Convention, and further 
the renumbering of the districts commencing with No. i in 
each county. 

Mr. Cavender moved that the report of the Committee of 
the Whole be received, 

Which motion Prevailed. 

On motion of Mr. Bradford, the Convention resolved itself 
into Committee of the Whole for. the consideration of the sec- 
ond report of the Committee on Phraseology and Arrange- 
ment. 

Mr. Evans in the chair. 



After some time spent therein, the Committee of the 
Whole rose. 

The President pro tempore resumed the chair, when Mr. 
Evans reported that the Committee of the Whole, having had 
under consideration the second report of the Committee on 
Phraseology and Arrangement, report progress and ask leave 
to sit again. 

20-c 



306 

Mr. Evans moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until to-morrow, 10.30 o'clock, a. m., 
prevailed. 



307 



Wednesday, May 5, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. J. H. Beauchamp. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Dasey, Dona- 
hoe, Ellegood, Evans, Gilchrist, Hearne, Horsey, Johnson, 
Martin, Moore, Murray, Pratt, Richards, Saulsbury, Smithers, 
Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Cooch presented bill of Charles E. Guyer, for copy- 
ing, for $8.80, which, upon his motion, was referred to the 
Committee on Accounts. 

On motion of Mr. Bradford, the Convention resolved itself 
into Committee of the Whole for the consideration of the sec- 
ond report of the Committee on Phraseology and Arrange- 
ment, 

Mr. Dasey in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Dasey re- 
ported that the Committee of the Whole, having had under 
consideration the second report of the Committee on Phrase- 
ology and Arrangement, report progress and ask leave to sit 
again. 

Mr. Dasey moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 2.30 o'clock, p. m.. prevailed. 



3o8 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

On motion of Mr. Bradford, the Convention resolved itself 
into Committee of the Whole for the consideration of the sec- 
ond report of the Committee on Phraseology and Arrange- 
ment. 

Mr. Dasey in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Dasey report- 
ed that the Committee of the Whole, having had under con- 
sideration the second report of the Committee on Phraseology 
and Arrangement, report that they have adopted the report of 
the Committee on Phraseology and Arrangement, as amended, 
with the exceptions of clauses No. 1, 10 and 11, and recom- 
mend its adoption by the Convention. 

Mr. Spruance moved that the report of the Committee of 
the Whole be received, 

Which motion Prevailed. 

Mr. Spruance moved that when we adjourn it will be to 
meet Tuesday next, May 11, at 10.30 o'clock, a. m., 

Which motion Prevailed. 

Air. Saulsbury submitted and read the following notice: 

Notice is hereby given that a motion will be made on 
Tuesday next, or some day thereafter, to take up for final 
action by the Convention the proposed amendments and alter- 
ations of the Constitution as the same shall be reported by the 
Committee on Phraseology and Arrangement. 

Motion to adjourn until Tuesday next at 10.30 o'clock, 
a. m., prevailed. 



309 



Tuesday, May n, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. J. H. Beauchamp. 

Roll called. Members present: Messrs. Bradford, Cav- 
ender, Clark, Cooch, Cooper, Dasey, Donahoe, Ellegood, 
Evans, Gilchrist, Harman, Hearne, Horsey, Hering, Johnson, 
Martin, Moore, Murray, Orr, Pratt, Richards, Sapp, Sauls- 
bury, Smithers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Spruance, on behalf of the Committee on Phraseology 
and Arrangement, submitted the printed report of the Pro- 
posed Constitution of the State of Delaware, as reported to the 
Constitutional Convention by the Committee on Phraseology 
and Arrangement, as follows: 

Proposed Constitution of the State of Delaware, as re- 
ported to the Constitutional Convention by the Committee on 
Phraseology and Arrangement. 

CONSTITUTION 

of the 

STATE OF DELAWARE. 



WE, THE PEOPLE, HEREBY ORDAIN AND ESTABLISH THIS CONSTITU- 
TION OF GOVERNMENT FOR THE STATE OF 
DELAWARE. 



PREAMBLE. 

Through Divine goodness, all men have by nature the 
rights of worshipping and serving their Creator according to 
the dictates of their consciences, of enjoying and defending life 
and liberty, of acquiring and protecting reputation and pro- 



3io 

perty, and in general of attaining objects suitable to their con- 
dition, without injury by one to another; and as these rights 
are essential to their welfare, for the due exercise thereof, 
power is inherent in them; and therefore all just authority in 
the institutions of political society is derived from the people, 
and established with their consent, to advance their happiness ; 
and they may for this end, as circumstances require, from time 
to time, alter their Constitution of government. 

ARTICLE I. 

BILL OF RIGHTS. 

Section i. Although it is the duty of all men frequently 
to assemble together for the public worship of Almighty God; 
and piety and morality, on which the prosperity of communi- 
ties depends, are thereby promoted; yet no man shall or ought 
to be compelled to attend any religious worship, to contribute 
to the erection or support of any place of worship, or to the 
maintenance of any ministry, against his own free will and con- 
sent; and no power shall or ought to be vested in or assumed 
by any magistrate that shall in any case interfere with, or in 
any manner control the rights of conscience, in the free exer- 
cise of religious worship, nor a preference given by law to any 
religious societies, denominations, or modes of worship. 

Section 2. No religious test shall be required as a quali- 
fication to any office, or public trust, under this State. 

Section 3. All elections shall be free and equal. 

Section 4. Trial by jury shall be as heretofore. 

Section 5. The press shall be free to every citizen who 
undertakes to examine the official conduct of men acting in a 
public capacity; and any citizen may print on any subject, be- 
ing responsible for the abuse of that liberty. In prosecutions 
for publications, investigating the proceedings of officers, or 
where the matter published is proper for public information, 
the truth thereof may be given in evidence; and in all indict- 
ments for libels the jury may determine the facts and the law, 
as in other cases. 

Section 6. The people shall be secure in their persons,. 



3" 

houses, papers and possessions, from unreasonable searches 
and seizures; and no warrant to search any place, or to seize 
any person or thing, shall issue without describing them as par- 
ticularly as may be; nor then, unless there be probable cause 
supported by oath or affirmation. 

Section 7. In all criminal prosecutions, the accused hath 
a right to be heard by himself and his counsel, to be plainly and 
fully informed of the nature and cause of the accusation against 
him, to meet the witnesses in their examination face to face, to 
have compulsory process in due time, on application by him- 
self, his friends or counsel, for obtaining witnesses in his' favor, 
and a speedy and public trial by an impartial jury; he shall not 
be compelled to give evidence against himself, nor shall he be 
deprived of life, liberty or property, unless by the judgment of 
his peers or by the law of the land. 

Section 8. No person shall for any indictable offence be 
proceeded against criminally by information, except in cases 
arising in the land or naval forces, or in the militia when in 
actual service in time of war or public danger; and no person 
shall be for the same offence twice put in jeopardy of life or 
limb ; nor shall any man's property be taken or applied to pub- 
lic use without the consent of his representatives, and without 
compensation being made. 

Section 9. All courts shall be open; and every man for 
an injury done him in his reputation, person, movable or im- 
movable possessions, shall have remedy by the due course of 
law, and justice administered according to the very right of the 
cause and the law of the land, without sale, denial, or unreason- 
able delay or expense; and every action shall be tried in the 
county in which it shall be commenced, unless when the judges 
of the court in which the cause is to be tried shall determine 
that an impartial trial thereof cannot be had in that county. 
Suits may be brought against the State, according to such 
regulations as shall be made by law. 

Section to. No power of suspending laws shall be exer- 
cised but by authority of the General Assembly. 

Section it. Excessive bail shall not be required, nor ex- 
cessive fines imposed, nor cruel punishments inflicted; and in 



312 

the construction of jails a proper regard shall be had to the 
health of prisoners. 

Section 12. All prisoners shall be bailable by sufficient 
sureties, unless for capital offences when the proof is positive 
or the presumption great; and when persons are confined on 
accusation for such offences their friends and counsel may at 
proper seasons have access to them. 

Section 13. The privilege of the writ of habeas corpus 
shall not be suspended, unless when in cases of rebellion or in- 
vasion the public safety may require it. 

Section 14. No commission of oyer and terminer, or jail 
delivery, shall be issued. 

Section 15. No attainder shall work corruption of blood, 
nor except during the life of the offender forfeiture of estate. 
The estates of those who destroy their own lives shall descend 
or vest as in case of natural death, and if any person be killed 
by accident no forfeiture shall thereby be incurred. 

Section 16. Although disobedience to laws by a part of 
the people, upon suggestions of impolicy or injustice in them, 
tends by immediate effect and the influence of example not 
only to endanger the public welfare and safety, but also in 
governments of a republican form contravenes the social 
principles of such governments, founded on common consent 
for common good; yet the citizens have a right in an orderly 
manner to meet together, and to apply to persons intrusted 
with the powers of government, for redress of grievances or 
other proper purposes, by petition, remonstrance or address. 

Section 17. No standing army shall be kept up without 
the consent of the General Assembly, and the military shall in 
all cases and at all times be in strict subordination to the civil 
power. 

Section 18. No soldier shall in time of peace be quartered 
in any house without the consent of the owner; nor in time of 
war but by a civil magistrate, in manner to be prescribed by 
law. 



3i3 

Section 19. No hereditary distinction shall be granted, 
nor any office created or exercised, the appointment to which 
shall be for a longer term than during good behavior; and no 
person holding any office under this State shall accept of any 
office or title of any kind whatever from any king, prince, or 
foreign state. 

AVE DECLARE THAT EVERY THING IN THIS ARTI- 
CLE IS RESERVED OUT OF THE GENERAL 
POWERS OF GOVERNMENT HEREINAFTER 
MENTIONED. 

ARTICLE II. 

LEGISLATURE. 

Section 1. The legislative power of this State shall be 
vested in a General Assembly, which shall consist of a Senate 
and House of Representatives. 

Section 2. The House of Representatives shall be com- 
posed of thirty-five members, who shall be chosen for two 
years. The Senate shall be composed of seventeen members, 
who shall be chosen for four years. 

The State is hereby divided into thirty-five Representative 
Districts, from each of which shall be chosen, by the qualified 
electors thereof, one Representative. In New Castle Countv 
there shall be fifteen Representative Districts, numbered from 
one to fifteen inclusive; in Kent County, ten Representative 
Districts, numbered from one to ten inclusive; and in Sussex 
County, ten Representative Districts, numbered from one to 
ten inclusive. The State is also hereby divided into seventeen 
Senatorial Districts, from each of which shall be chosen, by 
the qualified electors thereof, one Senator. In New Castle 
County there shall be seven Senatorial Districts, numbered 
from one to seven inclusive; in Kent County, five Senatorial 
Districts, numbered form one to five inclusive; and in Sussex 
County, five Senatorial Districts, numbered from one to five 
inclusive. 

The Representative Districts in New Castle County arc 
and shall be as follows: 



3H 

Number One. All that portion of the City of Wilming- 
ton included within the Second and Fourth Wards, and those 
parts of the Sixth and Eighth Wards, respectively, lying south 
of and bounded by the central line of Eighth street. 

Nnmber Two. All that portion of the said city included 
within the Ninth Ward, and those parts of the Sixth and 
Eighth Wards, respectively, lying north of and bounded by the 
central line of Eighth street. 

Number Three. All that portion of the said city included 
within the Seventh Ward, and that part of the Fifth Ward 
lying north of and bounded by a straight line including the 
central line of Eighth street. 

Number Four. All that portion of the said city included 
within the First and Third Wards, and that part of the Fifth 
Ward lying south of and bounded by the central line of Eighth 
street, east of and bounded by the central line of Adams street, 
and west of and bounded by the central line of Market street. 

Number Five. All that portion of the said city included 
within the Tenth, Eleventh and Twelfth Wards, and that part 
of the Fifth Ward lying south of and bounded by a straight 
line including the central line of Eighth street, west of and 
bounded by the central line of Adams street, and bounded on 
the west by the westerly boundary line of the said city. 

Number Six. Brandywine Hundred. 

Number Seven. Christiana Hundred. 

Number Eight. Mill Creek Hundred. 

Number Nine. White Clay Creek Hundred. 

Number Ten. New Castle Hundred. 

Number Eleven. Pencader Hundred. 

Number Twelve. Red Lion Hundred. 

Number Thirteen. St. Georges Hundred. 

Number Fourteen. Appoquinimink Hundred. 

Number Fifteen. Blackbird Hundred. 



3i5 

The Representative Districts in Kent County are and 
shall be as follows: 

Number One. Duck Creek Hundred. 

Number Two. Little Creek Hundred and the First Elec- 
tion District of East Dover Hundred. 

Number Three. Kenton Hundred. 

Number Four. West Dover Hundred and all that por- 
tion of East Dover Hundred lying next to West 
Dover Hundred and separated from the rest of East Dover 
Hundred by the following boundary lines: beginning at 
the middle of the public road leading from the Horsehead road 
to Kenton at the point of intersection of Kenton Hundred and 
East Dover Hundred, thence running along the middle 
of the said road to the Horsehead road, thence running in a 
westerly direction along the middle of the said Horse- 
head road a short distance to a short road leading from the 
said Horsehead road to the road from Dover to Hazlettville, 
known as the Hazlettville road, thence running along the 
middle of the said short road from the Horsehead road to the 
said Hazlettville road, thence running in a westerly direction 
along the middle of the said Hazlettville road a short dis- 
tance to the road leading therefrom to Wyoming, thence run- 
ning along the middle of the said road leading from the 
said Hazlettville road to Wyoming to the point of intersection 
of East Dover Hundred and North Murderkill Hundred. 

Number Five. All that portion of East Dover Hundred 
not included in Districts numbers two and four. 

Number Six. Parts of North Murderkill, South Mur- 
derkill and Mispillion Hundreds included within the fol- 
lowing boundary lines: beginning at the intersection of 
the southern line of South Muderkill Hundred with the 
State of Maryland, thence running along the division 
line between Mispillion Hundred and South Murderkill 
Hundred to the public road leading from Whiteleys- 
burg to Harrington, thence running in a southeasterly and 
easterly direction along the middle of said public road to 
the public road leading from Masten's Corner to Vernon, at or 
near White's Church, thence running in a northeasterly direo 



316 

tion along the middle of the said public road leading from 
Masten's Corner to Vernon a short distance to the public road 
leading therefrom to the town of Harrington, being a continu- 
ation of the road leading from Whiteleysburg to Harrington, 
thence running in a southeasterly direction to the intersection 
of West street in the town of Harrington, thence running in a 
northerly direction along the middle of said West street 
to the middle of Wolcott street in said town of Harrington, 
thence running in an easterly direction along the middle 
of said Wolcott street to the middle of Dorman street in said 
town of Harrington, thence running in a northerly direction 
along the middle of said Dorman street to Brown's 
Branch, thence running in an easterly direction with the 
course of said branch to the Delaware railroad, thence running 
in a northerly direction along said Delaware railroad to 
Beaver Dam Branch in South Murderkill Hundred, thence 
following the course of said Beaver Dam Branch in a north- 
westerly direction to the public road leading from Felton to 
Whiteleysburg, thence running in a northeasterly direction 
along the middle of the said public road from" Felton to 
Whiteleysburg to the Owl's Xest road, thence running in a 
northerly direction along the middle of the said Owl's 
Nest road to the intersection of the Cowgill road from Wood- 
side to Petersburg, thence running in a northeasterly direction 
along the middle of the said Cowgill road to the Reed 
road running from Woodside to DuPont's school house, 
thence running in a northwesterly direction along the mid- 
dle of the said Reed road to DuPont's school house, thence 
running in a northerly direction along the middle of the 
public road leading from Willow Grove to Camden a short dis- 
tance to Stubb's Corner, thence running in a westerly and 
northwesterly and westerly direction along the middle of 
the public road leading from DuPont's school house to the 
Almshouse to Gray's corner, thence continuing in a direct 
westerly line to the southern boundary line of West Dover 
Hundred, thence following the southern boundary line of West 
Dover Hundred in a westerly direction to the State of Mary- 
land, thence running in a southerly direction along the 
eastern boundary line of the State of Maryland to the place of 
beginning. 



3i7 

Number Seven. All that portion of North Murderkill 
Hundred not included in District number six. 

Number Eight. All that portion of South Murderkill 
Hundred not included in District number six. 

Number Nine. All that portion of Mispillion Hundred 
not included in District number six. 

Number Ten. Milford Hundred. 

The Representative Districts in Sussex County are and 
shall be as follows: 

Number One. Cedar Creek Hundred. 

Number Two. All that portion of Nanticoke Hundred 
which lies north and west of Gravelly Branch, beginning at a 
point where the said Gravelly Branch intersects the dividing 
line between Georgetown and Nanticoke Hundreds and run- 
ning in a southwesterly course to what was formerly known as 
Rest's Old Mill, thence along said branch to what was former- 
lv known as Collins' Mills, to its mouth being at the head of 
Middleford Mill Pond; together with North West Fork Hun- 
dred. 

Number Three. All that portion of Nanticoke Hundred 
which lies south and west of said Gravelly Branch, beginning 
at a point where the said Gravelly Branch intersects the divid- 
ing line between Nanticoke and Georgetown Hundreds, run- 
ning in a southwesterly course to what was formerly known as 
Rest's Old Mill, thence along the said branch to what was 
formerly known as Collins' Mills, to its mouth at the heacl of 
Middleford Mill Pond; together with Seaford Hundred. 

Number Four. Broad Creek Hundred. 

Number Five. Little Creek Hundred. 

Number Six. Dagsboro and Gumboro Hundreds. 

Number Seven. Baltimore Hundred. 

Number Eight. Indian River Hundred. 

Number Nine. Georgetown Hundred. 



3i3 

Number Ten. Broadkiln and Lewes and Rehoboth Hun- 
dreds. 

The Senatorial Districts in New Castle County are and 
shall be as follows : 

Xumber One. All that portion of the City of Wilming- 
ton lying north of and bounded by a straight line including the 
central line of Eighth street extending from the Delaware 
River to the westerly boundary of the said city. 

Xumber Two. All that portion of the said city lying 
south of and bounded by the straight line aforesaid including 
the central line of Eighth street. 

Xumber Three. Brandywine Hundred, together with all 
that portion of Christiana Hundred lying north of and bound- 
ed by the central line of the Lancaster Turnpike. 

Xumber Four. Mill Creek Hundred, together with all 
that portion of Christiana Hundred lying south of and bounded 
by the central line of the Lancaster Turnpike. 

Xumber Five. White Clay Creek Hundred, Red Lion 
Hundred and Xew Castle Hundred. 

Xumber Six. Pencader Hundred and St. Georges Hun- 
dred. 

Xumber Seven. Appoquinimink Hundred and Blackbird 
Hundred. 

The Senatorial Districts in Kent County are and shall be 
as follows : 

Xumber One. The first and second Representative Dis- 
tricts. 

Xumber Two. The third and fourth Representative Dis- 
tricts. 

Xumber Three. The fifth and seventh Representative 
Districts. 

Xumber Four. The sixth and ninth Representative Dis- 
tricts. 



3i9 

Number Five. The eighth and tenth Representative Dis- 
tricts. 

The Senatorial Districts in Sussex County are and shall 
be as follows : 

Number One. The first and second Representative Dis- 
tricts. 

Number Two. The third and fourth Representative Dis- 
tricts. 

Number Three. The fifth and sixth Representative Dis- 
tricts. 

Number Four. The seventh and eighth Representative 
Districts. 

Number Five. The ninth and tenth Reuresentative Dis- 
tricts. 

All territory which shall hereafter be added to and in- 
cluded within the City of Wilmington shall become part of the 
Representative Districts in New Castle County as follows: 

All lying east of a straight line including the central line 
of Market street, below Eighth street, as the said two streets 
now exist, and south of a straight line including the central line 
of Eighth street, as the same now exists, shall become part of 
Representative District number one. 

All lying north of a straight line including the central line 
of Eighth street, as the same now exists, extending from the 
northeasterly side of Brandywine Creek to the Delaware River, 
or north of the Brandywine Creek, westwardly from the point of 
intersection of the said straight line with the northeasterly side 
of the said creek, shall become part of Representative District 
number two. 

All lying north of a straight line including the central line 
of Eighth street, as the same now exists, south of the Brandy- 
wine Creek, and west of the central line of Market street, as 
the same now exists, shall become part of Representative Dis- 
trict number three. 



320 

All lying between a straight line including the central line 
of Market street extended southerly and a straight line includ- 
ing the central line of Washington street extended southerly 
shall become part of Representative District number four. 

All lying south of a straight line including the central line 
of Eighth street, as the same now exists, and west of a straight 
line including the central line of Washington street, as the 
same now exists, shall become part of Representative District 
number five. 

In case of any change in the boundary line between this 
State and the State of Pennsylvania any of the said Senatorial 
and Representative Districts in New Castle County affected 
thereby shall conform to any new boundary line between the 
said States. 

All territory which shall hereafter be added to and in- 
cluded within the City of Wilmington shall become part of the 
Senatorial Districts in New Castle County as follows : 

All lying north of a straight line including the central line 
of Eighth street, extended from the Delaware River westward- 
ly, shall become part of Senatorial District number one. 

All lying south of a straight line including the central line 
of Eighth street, extended from the Delaware River westward- 
ly, shall become part of Senatorial District number two. 

Whenever by the extension of the limits of the City of 
Wilmington territory forming part of any Representative or 
Senatorial District, as hereby established, shall be included 
within the limits of the said city, such Representative or Sena- 
torial District shall thereafter consist of the residue thereof, not 
so included within said limits. 

The several Representative and Senatorial Districts in the 
State shall, except as herein otherwise provided, continue to 
be bounded, described and defined by the lines of the hundreds, 
wards, election district, public roads, railroad and other bound- 
aries herein mentioned, as the same are now established and 
located. 



321 

Section 3. No person shall be a Senator who shall not 
have attained the age of twenty-seven years and have been a 
citizen and inhabitant of the State three years next preceding 
the day of his election, and the last year of that term an inhabi- 
tant of the Senatorial District in which he shall be chosen, un- 
less he shall have been absent on the public business of the 
United States or of this State. No person shall be a Repre- 
sentative who shall not have attained the age of twenty-four 
years and have been a citizen and inhabitant of the State three 
years next preceding the day of his election, and the last year 
of that term an inhabitant of the Representative District in 
which he shall be chosen, unless he shall have been absent on 
the public business of the United States or of this State. 

.Section 4. The General Assembly shall meet on the 
first Tuesday of January, biennially, and at such other times 
as the Governor shall convene the same. 

Section 5. The General Assembly shall meet and sit in 
Dover, the capital of the State; provided, however, that in case 
of insurrection, conflagration or epedemic disease the General 
Assembly may temporarily meet and sit elsewhere. 

Section 6. Whenever there shall be a vacancy in either 
House of the General Assembly, by reason of failure to elect, 
ineligibility, death, resignation or otherwise, a writ of election 
shall be issued by the presiding officer of the House in which 
the vacancy exists, or in cases of necessity in such other man- 
ner as shall be provided by law; and the person thereupon 
chosen to fill such vacancy shall hold office for the residue of 
the term. And whenever there shall be such vacancy in either 
House, and the General Assembly is not in session, the Gov- 
ernor shall have power to issue a writ of election to fill such 
vacancy, which writ shall be executed as a writ issued by the 
presiding officer of either House in case of vacancy, and the 
person thereupon chosen to fill such vacancy shall hold office 
for the residue of the term. 

Section 7. The Senate at each biennial session shall 

choose one of its members President pro tempore, who shall 

preside in the absence of the Lieutenant Governor, or in case 

the latter shall become Governor or while he continues in the 

21— c 



322 

exercise of the office of Governor by reason of disability of the 
Governor. The Senate shall also choose its other officers, and 
in the absence of the Lieutenant Governor and its President 
pro tempore may, from time to time as occasion may require, 
appoint one of its members to preside. The House of 
Representatives shall choose one of its members Speaker and 
also choose its other officers, and in the absence of the Speaker 
may, from time to time as occasion may require, appoint one of 
its members to preside. 

Section 8. Each House shall be the judge of the elec- 
tions, returns, and qualifications of its own members; and a 
majority of all the members elected to each House shall consti- 
tute a quorum to do business; but a smaller number may ad- 
journ from day to day, and shall nave power to compel the at- 
tendance of absent members, in such manner, and under such 
penalties, as shall be deemed expedient. 

Section 9. Each House may determine the rules of its 
proceedings, punish any of its members for disorderly behav- 
ior, and with the concurrence of two-thirds of all the members 
elected thereto expel a member, and shall have all other pow- 
ers necessary for a branch of the Legislature of a free and in- 
dependent State. 

Section 10. Each House shall keep a journal of its pro- 
ceedings, and publish the same immediately after every session, 
except such parts as may require secrecy, and the yeas and 
nays of the members on any question shall, at the desire of any 
member, be entered on the journal. No bill or joint resolu- 
tion, except in relation to adjournment, shall pass either House 
unless the final vote shall have been taken by yeas and nays, 
and the names of the members voting for and against the same 
shall be entered on the journal, nor without the concurrence 
of a majority of all the members elected to each House. 

Section 11. The doors of each House, and of Committees 
of the Whole, shall be open unless when the business is such 
as ought to be kept secret. 

Section 12. Neither House shall, without the consent of 
the other, adjourn for more than three days, nor to any other 
place than that in which the two Houses shall be sitting. 



3"23 

Section 13. The Senators and Representatives shall, in all 
cases, except treason, felony or breach of the peace, be privil- 
eged from arrest during their attendance at the session of 
their respective Houses, and in going to and returning from 
the same; and for any speech or debate in either House they 
shall not be questioned in any other place. 

Section 14. No Senator or Representative shall, during 
the time for which he shall have been elected, be appointed to 
any civil office under this State which shall have been created, 
or the emoluments of which shall have been increased, during 
such time. No member of Congress, nor any person holding 
any office under this State, or the United States, except officers 
usually appointed by the courts of justice respectively, attor- 
neys-at-law and officers in the militia, holding no disqualifying 
office, shall during his continuance in Congress or in office be 
a Senator or Representative; nor shall any person while con- 
cerned in any army or navy contract be a Senator or Repre- 
sentative. 

Section 15. The members of the General Assembly, ex- 
cept the presiding officers of the respective Houses, shall re- 
ceive as compensation for their services a per diem allowance 
of five dollars, and the presiding officers a per diem allowance 
of six dollars, for each day of the session, not exceeding sixty 
days; and should they remain longer in sesion they shall serve 
without compensation. In case a special or extra session of 
the General Assembly be called the members and presiding 
officers shall receive like compensation for a period not ex- 
ceeding twenty days. 

The compensation of members of the General Assembly 
and of the Lieutenant Governor as President of the Senate 
shall be paid out of the treasury of the State. 

The cost to the State for stationery and other supplies for 
each member of the General Assembly shall not exceed the 
sum of twenty-five dollars for any one session. 

Section 16. No bill or joint resolution, except bills appro- 
priating money for public purposes, shall embrace more than 
one subject, which shall be expressed in its title. 



324 

Section 17. Lotteries, the sale of lottery tickets, pool- 
selling and all other forms of gambling are prohibited in this 
State. The General Assembly shall enforce this section by ap- 
propriate legislation. 

Section 18. No divorce shall be granted, nor alimony 
allowed, except by the judgment of a court, as shall be pre- 
scribed by general and uniform law. 

Section 19. The General Assembly shall not pass any 
local or special law relating to fences ; the straying of live stock; 
ditches; the creation or changing the boundaries of school dis- 
tricts; or the laying out, opening, alteration, maintenance or 
vacation, in whole or in part, of any road, highway, street, lane 
or alley. 

Section 20. Any member of the General Assembly who 
has a personal or private interest in any measure or bill pend- 
ing in the General Assembly shall disclose the fact to the 
House of which he is a member and shall not vote thereon. 

Section 21. Xo person who shall be convicted of embez- 
zlement of the public money, bribery, perjury or other infa- 
mous crime, shall be eligible to a seat in either House of the 
General Assembly, or capable of holding any office of trust, 
honor or profit under this State. 

Section 22. Every person who shall give, offer or prom- 
ise, directly or indirectly, any money, testimonial, privilege, 
personal advantage or thing of value to any executive or judi- 
cial officer of this State or to any member of either House of 
the General Assembly for the purpose of influencing him in 
the performance of any of his official or public duties shall be 
deemed guilty of bribery, and shall be punished in such man- 
ner as shall be provided by law. 

Section 23. Every statute shall be a public law unless 
otherwise declared in the statute itself. 

Section 24. The State Treasurer shall settle his accounts 
annually with the General Assembly or a joint committee 
thereof, which shall be appointed at every biennial session. Xo 
person who has served in the office of State Treasurer shall be 



325 

eligible to a seat in either House of the General Assembly un- 
til he shall have made a final settlement of his accounts as 
treasurer and discharged the balance, if any, due thereon. 



ARTICLE III. 

EXECUTIVE. 

Section i. The supreme executive powers of the State 
shall be vested in a Governor. 

Section 2. The Governor shall be chosen by the qualified 
electors of the State , once in every four years, at the general 
election. 

Section 3. The returns of every election for Governor 
shall be sealed up, and immediately transmitted to the Presi- 
dent of the Senate, or in case of a vacancy in the office of 
President of the Senate, or his absence from the State, to the 
Secretary of State, who shall keep the same until a President of 
the Senate shall be chosen, to whom they shall be immediately 
transmitted after his election, who shall open and publish the 
same in the presence of the members of both Houses of the 
General Assembly. Duplicates of the said returns shall also 
be immediately lodged with the Prothonotary of each county. 
The person having the highest number of votes shall be Gov- 
ernor; but if two or more shall be equal in the highest number 
of votes, the members of the two Houses shall, by joint ballot, 
choose one of them to be Governor; and if, upon such ballot, 
two or more of them shall still be equal and highest in votes, 
the President of the Senate shall have an additional casting 
vote. 

Section 4. Contested elections of the Governor or Lieu- 
tenant Governor shall be determined by a joint committee, con- 
sisting of one-third of all the members elected to each House 
of the General Assembly, to be selected by ballot of the Houses 
respectively. Every member of the committee shall take an 
oath or affirmation that in determining the said election he will 
faithfully discharge the trust reposed in him; and the commit- 
tee shall always sit with open doors. 



326 

The Chief Justice, or, in case of his absence or disability, 
the Chancellor shall preside at the trial of any contested elec- 
tion of Governor or Lieutenant Governor, and shall decide 
questions regarding* the admissibility of evidence, and shall, 
upon request of the committee, pronounce his opinion upon 
other questions of law involved in the trial. 

Section 5. The Governor shall hold his office during 
four years from the third Tuesday of January next ensuing his 
election ; and shall not be elected a third time to said office. 

Section 6. The Governor shall be at least thirty years of 
age, and have been a citizen and inhabitant of the United States 
twelve years next before the day of his election, and the last 
six years of that term an inhabitant of this State, unless he shall 
have been absent on public business of the United States or of 
this State. 

Section 7. Xo member of Congress, nor person holding 
any office under the United States or this State, shall hold or 
exercise the office of Governor. 

Section 8. The Governor shall, at stated times, receive 
for his services an adequate salary to be fixed by law, which 
shall be neither increased nor diminished during the period for 
which he shall have been elected. 

Section 9. He shall be commander-in-chief of the army 
and navy of this State, and of the militia, except when they 
shall be called into the service of the United States. 

Section 10. He shall have power, unless herein other- 
wise provided, to appoint, by and with the consent of a 
majority of all the members elected to the Senate, such officers 
as he is or may be authorized by this Constitution or by law to 
appoint. He shall have power to fill all vacancies that may 
happen during the recess of the Senate, in offices to which he 
may appoint, except in the offices of Chancellor, Chief Justice 
and Associate Judges, by granting commissions which shall 
expire at the end of the next session of the Senate. 

He shall have power to fill all vacancies that may happen 
in elective offices, except in the offices of Lieutenant Governor 
and member of the General Assembly, by granting commis- 



327 

sions which shall expire when their successors shall be duly 
qualified. 

In case of vacancy in an elective office, except as afore- 
said, a person shall be chosen to said office for the full term at 
the next general election, unless the vacancy shall happen 
within two months next before such election, in which case the 
election for said office shall be held at the second succeeding 
general election. 

Unless herein otherwise provided, confirmation by the 
Senate of officers appointed by the Governor shall be required 
only where the salary, fees and emoluments of office shall ex- 
ceed the sum of five hundred dollars annually. 

Section n. The Governor shall appoint, by and with the 
consent of a majority of all the members elected to the Senate, 
a Secretary of State, who shall hold office during the pleasure 
of the Governor. He shall keep a fair register of all the offi- 
cial acts and proceedings of the Governor, and shall, when re- 
quired by either House of the General Assembly, lay the same, 
and all papers, minutes and vouchers, relative thereto, before 
such House, and shall perform such other duties as shall be 
enjoined upon him by law. He shall have a compensation for 
his services to be fixed by law. 

Section 12. No person shall be elected or appointed to 
an office within a county who shall not have a right to vote for 
a Representative in the General Assembly, and have been a 
resident therein one year next before his election or appoint- 
ment, nor hold the office longer than he continues to reside in 
the county, unless herein otherwise provided. 

No member of Congress, nor any person holding or exor- 
cising any office under the United States, except officers 
usually appointed by the courts of justice respectively and at- 
tornevs-at-law, shall at the same time hold or execise any office 
of profit under this State, unless herein otherwise provided. 

No person shall hold more than one of the following 
offices at the same time, to wit: Secretary of State. Attorney- 
General, Insurance Commissioner, State Treasurer. Auditor 
of Accounts, Prothonotary, Clerk of the Peace, Register of 
Wills, Recorder, Sheriff or Coroner. 



3 28 

Section 13. All commissions shall be in the name of the 
State, and shall be sealed with the great seal and signed by the 
Governor. 

Section 14. The Governor may for any reasonable cause 
remove any officer, except the Lieutenant Governor and mem- 
bers of the General Assembly, upon the address of two-thirds 
of all the members elected to each House of the General As- 
sembly. Whenever the General Assembly shall so address the 
Governor, the cause of removal shall be entered on the jour- 
nals of each House. The person against whom the General 
Assembly may be about to proceed shall receive notice there- 
of, accompanied with the cause alleged for his removal, at Least 
ten days before the day on which either House of the General 
Assembly shall act thereon. 

Section 15. The Governor may require information in 
writing from the officers in the executive department, upon 
any- subject relating to the duties of their respective offices. 

Section 16. He shall, from time to time, give to the Gen- 
eral Assembly information of affairs concerning the State and 
recommend to its consideration such measures as he shall 
judge expedient. 

Section 17. He may on extraordinary occasions convene 
the General Assembly by proclamation; and in case of. disa- 
greement between the two Houses with respect to the time of 
adjournment, adjourn them to such time as he shall think pro- 
per, not exceeding three months. He shall have power to 
convene the Senate in extraordinary session by proclamation, 
for the transaction of executive business. 

Section 18. He shall take care that the laws be faithfully 
executed. 

Section 19. Every bill which shall have passed both 
Houses of the General Assembly shall, before it becomes a 
law, be presented to the Governor; if he .approve, he shall 
sign it; but if he shall not approve, he shall return it with his 
objections to the House in which i't shall have originated, 
which House shall enter the objections at large on the journal 
and proceed to reconsider it. If, after such reconsideration, 
three-fifths of all the members elected to that House shall 



329 

agree to pass the bill, it shall be sent, together with the objec- 
tions, to the other House, by which it shall likewise be recon- 
sidered, and if approved by three-fifths of all the members 
elected to that House, it shall become a law; but in neither 
House shall the vote be taken on the day on which the 
bill shall be returned to it. In all such cases the votes of both 
Houses shall be determined by yeas and nays, and the names 
of the members voting for and against the bill shall be entered 
on the journal of each House respectively. If any bill shall not 
be returned by the Governor within ten days, Sundays except- 
ed, after it shall have been presented to him, the same shall be 
a law, in like manner as if he had signed it, unless the General 
Assembly shall, by adjournment, prevent its return, in 
which case it shall not become a law without the approval of 
the Governor. No bill shall become a law after the final ad- 
journment of the General Assembly, unless approved by the 
Governor within thirty days after such adjournment. The 
Governor shall have power to disapprove of any item or items 
of any bill making appropriations of money, embracing dis- 
tinct items, and the part or parts of the bill approved shall be 
the law, and the item or items of appropriation disapproved 
shall be void, unless repassed according to the rules and limi- 
tations prescribed for the passage of other bills over the Ex- 
ecutive veto. Every order, resolution, or vote to which the 
concurrence of both Houses of the General Assembly may be 
necessary, except on a question of adjournment, shall be pre- 
sented to the Governor; and before the same shall take effect 
be approved by him, or, being disapproved by him, shall be 
repassed bv three-fifths of all the members elected to each 
House of the General Assembly, according to the rules and 
limitations prescribed in the case of a bill. 

Section 20. A Lieutenant Governor shall be chosen at 
the same time, in the same manner, for the same term, and 
subject to the same provisions as the Governor; he shall pos- 
sess the same qualifications of eligibility for office as the Gov- 
ernor; he shall be President of the Senate, but shall have no 
vote unless the Senate be equally divided. 

The Lieutenant Governor while acting as President of the 
Senate, or as a member of the Hoard of Pardons, shall re- 
ceive for his services the same compensation as the Speaker of 
the House of Representatives. 



Section 21. In case the person elected Governor shall 
die or become disqualified before the commencement of his 
term of office, or shall refuse to take the same, or in case of the 
removal of the Governor from office, or of his death, resigna- 
tion, or inability to discharge the powers and duties of the said 
office, the same shall devolve on the Lieutenant Governor; and 
in case of removal, death, resignation, or inability of both the 
Governor and the Lieutenant Governor, the Secretary of State, 
or if there be none, or in case of his removal, death, resigna- 
tion, or inability, then the Attorney-General, or if there be 
none, or in case of his removal, death, resignation, or inability, 
then the President pro tempore of the Senate, or if there be 
none, or in case of his removal, death, resignation, or inability, 
then the Speaker of the House of Representatives shall act as 
Governor until the disability of the Governor or Lieutenant 
Governor is removed, or a Governor shall be duly elected and 
qualified. 

The foregoing provisions of this section shall apply only 
to such persons as are elegible to the office of Governor under 
this Constitution at the time the powers and duties of the office 
of Governor shall devolve upon them respectively. 

Whenever the powers and duties of the office of Governor 
shall devolve upon the Lieutenant Governor, Secretary of State 
or Attorney-General, his office shall become vacant; and when- 
ever the powers and duties of the office of Governor shall de- 
volve upon the President pro tempore of the Senate, or the 
Speaker of the House of Representatives, his seat as a member 
of the General Assembly shall become vacant; and any such 
vacancy shall be filled as directed by this Constitution: pro- 
vided, however, that such vacancy shall not be created in case 
either of the said persons shall be acting as Governor during 
a temporary disability of the Governor. 

Section 22. The terms of office of the Attorney General 
and Insurance Commissioner shall be four years; and the 
terms of office of the State Treasurer and Auditor of Accounts 
shall be two years. These officers shall be chosen by the 
qualified electors of the State at general elections, and be com- 
missioned bv the Governor. 



33i 

Section 2$. The terms of office of Prothonotaries, Clerks 
of the Peace, Registers of Wills, Recorders, Registers in 
Chancery and Clerks of the Orphans' Court shall be four 
years ; and the terms of office of Sheriffs and Coroners shall be 
two years. These officers shall be chosen by the qualified 
electors of the respective counties at general elections, and be 
commissioned by the Governor. 

No person shall be twice elected Sheriff in any term of 
four years. 

Section 24. Prothonotaries, Clerks of the Peace, Regis- 
ters of Wills, Recorders, Registers in Chancery, Clerks of the 
Orphans' Court and Sheriffs shall keep their offices in the town 
or place in each county in which the Superior Court is usually 
held. 

ARTICLE IV. 

JUDICIARY. 

Section 1. The judicial power of this State shall be 
vested in a Supreme Court, a Superior Court, a Court of Chan- 
cery, an Orphans' Court, a Court of Oyer and Terminer, a 
Court of General Sessions, a Register's Court, Justices of the 
Peace and such other courts as the General Assembly, with the 
concurrence of two-thirds of all the members elected to each 
House, shall from time to time by law establish. 

Section 2. There shall be six State judges, who shall be 
learned in the law. One of them shall be Chancellor, one of 
them Chief Justice and the other four of them Associate 
Judges. 

The Chancellor, Chief Justice and one of the Associate 
Judges may be appointed from and reside in any part of the 
State. The other three Associate Judges may be appointed 
from any part of the State. They shall be resident Associate 
Judges, and one of them shall reside in each county. 

In case the commissions of two or more of the Associate 
Judges shall be of the same date, they shall, as soon as con- 
veniently may be after their appointment, determine their 
seniority bv lot, and certify the result to the Governor. 



332 

Section 3. The Chancellor, Chief Justice and Associate 
Judges shall be appointed by the Governor, by and with the 
consent of three-fifths of all the members elected to the Senate, 
for the term of twelve years, and if a vacancy shall occur, by 
expiration of term or otherwise, at a time when the Senate 
shall not be in session, the Governor shall within thirty clays 
after the happening of any such vacancy convene the Senate 
for the purpose of confirming his appointment to fill said va- 
cancy, and the transaction of such other executive business as 
may come before it. Such vacancy shall be filled as aforesaid 
for the full term. 

The said appointments shall be such that not more than 
three of the said five law judges, in office at the same time, 
shall have been appointed from the same political party. 

Section 4. The Chancellor, Chief Justice and Associate 
Judges shall respectively receive from the State for their servi- 
ces a compensation which shall be fixed by law and paid quar- 
terly, and shall not be less than the annual sum of three thous- 
and dollars, and they shall not receive any fees or perquisites 
in addition to their salaries for business done by them, except 
as provided by law. They shall hold no other office of profit. 

Section 5. The Chief Justice and the four Associate 
Judges shall compose the Superior Court, the Court of Gen- 
eral Sessions and the Court of Oyer and Terminer, as herein- 
after prescribed. 

The said five judges shall designate those of their number 
who shall hold the said courts in the several counties. When- 
ever practicable the said courts shall consist of three of the 
said five judges, but no more than three of them shall sit to- 
gether in any of the said courts. In each of the said courts 
the Chief Justice when present shall preside, and in his absence 
the senior Associate Judge present shall preside. 

Two shall constitute a quorum in the said courts respec- 
tively, except in the court of Oyer and Terminer, where three 
shall constitute a quorum. 

One may open and adjourn court. 



333 

Section 6. Two sessions of the Superior Court, or Court 
of General 'Sessions, or one session of each of the said courts, 
or one session of the Court of Oye*r and Terminer and of either 
of the other of the said courts may at the same time be held in 
the same county or in different counties, and the business in 
the several counties may be distributed and apportioned in 
such manner as shall be provided by the rules of the said 
courts respectively. 

Section 7. The Superior Court shall have jurisdiction of 
all causes of a civil nature, real, personal and mixed, at com- 
mon law and all other the jurisdiction and powers vested by the 
laws of this State in the Superior Court. 

Section 8. The Court of General Sessions shall have all 
the jurisdiction and powers vested by the laws of this State in 
the Court of General Sessions of the Peace and Jail Delivery. 

Section 9. The Court of Oyer and Terminer shall have 
all the jurisdiction and powers vested by the laws of this State 
in the Court of Oyer and Terminer. 

Section 10. The Chancellor shall hold the Court of Chan- 
cery. This court shall have all the jurisdiction and powers 
vested by the laws of this State in the Court of Chancery. 

Section n. The Orphans' Court in each county shall 
consist of the Chancellor and the resident Associate Judge of 
the county. The Chancellor when present shall preside. 
One of them shall constitute a quorum. 

When their opinions are opposed, or when the decision is 
made by one of them, or when the decision is made by both of 
them in matters involving a right to real estate or the ap- 
praised value or other value thereof, and in all matters affect- 
ing guardians or guardians' accounts, there shall be an appeal 
to the Superior Court for the county, which shall have final ju- 
risdiction in every such case. Upon such appeal, if the Asso- 
ciate Judge sat in the cause below, he shall not sit in the Supe- 
rior Court. In all other cases the decision of the Orphans' 
Court shall be final. 

This court shall have all the jurisdiction and powers vested 
by the laws of this State in the Orphans' Court. 



334 

Section 12. The Supreme Court shall have jurisdiction 
as follows : 

(1). To issue writs of error to the Superior Court and to 
determine finally all matters in error in the judgments and 
proceeding's of said Superior Court. 

(2). To issue upon application of the accused, after con- 
viction and sentence, writs of error to the Court of Oyer and 
Terminer and the Court of General Sessions in all cases in 
which the sentence shall be death, imprisonment exceeding 
one month, or fine exceeding $100, and in such other cases as 
shall be provided by law; and to determine finally all matters 
in error in the judgments and proceedings of said Court of 
Oyer and Terminer and Court of General Sessions in such 
cases: provided, however, that there shall be no writ of error 
to the Court of General Sessions in cases of prosecutions under 
Section 8 of Article V of this Constitution. 

(3). To receive appeals from the Court of General Ses- 
sions in cases of prosecutions under Section 8 of Article Y of 
this Constitution, and to determine finally all matters of appeal 
in such cases. 

(4). To receive appeals from the Court of Chancery, and 
to determine finally all matters of appeal in the interlocutory 
or final decrees and proceedings in chancery. 

(5). To issue writs of prohibition, certiorari and man- 
damus to the Superior Court, the Court of Oyer and Terminer, 
the Court of General Sessions, the Court of Chancery and the 
Orphans' Court, or any of the judges of the said courts, and all 
orders, rules and processes proper to give effect to the same. 
The General Assembly shall have power to provide by law of 
what judges the Supreme Court shall consist for the purpose 
of this paragraph and in what manner, and by what judges of 
the Supreme Court, the jurisdiction and power hereby con- 
ferred may be exercised in vacation. 

Section 13. The Supreme Court upon a writ of error to 
the Superior Court, Court of Oyer and Terminer, or Court of 
General Sessions, or upon appeal from the Court of General 
Sessions, shall consist of the Chancellor and such of the other 



335 

five judges as did not sit in the cause below. The Chancellor 
when present shall preside, and in his absence the Chief Jus- 
tice when present shall preside, and in his absence the senior 
Associate Judge present shall preside. Any three of them 
shall constitute a quorum, and one of them may open and 
adjourn court. 

Section 14. The Supreme Court upon an appeal from the 
Court of Chancery shall consist of the Chief Justice and the 
four Associate Judges. 

The Chief Justice when present shall preside, and in his 
absence the senior Associate Judge present shall preside. Any 
three of them shall constitute a quorum, and one of them may 
open and adjourn court. 

Section 15. Whenever the Superior Court, Court of Oyer 
and Terminer or Court of General Sessions shall consider that 
a question of law ought to be heard by the Court in Banc, they 
shall have power, upon application of either party, to direct it 
to be so heard; and in that case the Court in Banc shall consist 
of the Chief Justice and the four Associate Judges. 

The Chief Justice when present shall preside, and in his 
absence the senior Associate Judge present shall preside. Any 
four of them shall constitute a quorum, and one of them may 
open and adjourn court. 

The Superior Court, Court of Oyer and Terminer or 
Court of General Sessions in exercising this power, may direct 
a cause to be proceeded in to verdict or judgment in that court, 
or to be otherwise proceeded in, as shall be best for expediting 
justice. 

Section 16. In matters of chancery jurisdiction in which 
the Chancellor is interested or otherwise disqualified, the 
Chief Justice shall have jurisdiction, and there shall be an ap- 
peal to the Supreme Court, which shall in this case consist of 
the four Associate Judges, the senior Associate Judge present 
presiding. Any three of them shall constitute a quorum, and 
one of them may open and adjourn court. 

Section 17. The Chief Justice, or, in case o\ his absence 
from the State or disability, the senior Associate fudge, shall 



336 

have power, during the absence of the Chancellor from the 
State or his temporary disability, to grant restraining orders 
and preliminary injunctions, pursuant to the rules of the Court 
of Chancery; provided, that nothing herein contained shall be 
construed to confer general jurisdiction over the case. 

Section 18. The Governor shall have power to commis- 
sion a judge ad litem for the purpose of constituting a quorum 
in the Superior Court, Court of Oyer and Terminer, Court of 
General Sessions or Supreme Court, where by reason of legal 
exception to the Chancellor or any judge or for other cause a 
quorum could not otherwise be had. The commission in such 
case shall confine the office to the cause, and it shall expire on 
the determination of the cause. The judge so appointed shall 
receive a reasonable compensation to be fixed by the General 
Assembly. A member of Congress, or any person holding or 
exercising an office under the United States, shall not be dis- 
qualified from being appointed a judge ad litem. 

Section 19. The jurisdiction of each of the aforesaid 
courts shall be co-extensive with the State. Process may be 
issued out of each court, in either county, into every county. 
No costs shall be awarded against any party to a cause by rea- 
son of the fact that suit is brought in a county other than that 
in which the defendant or defendants may reside at the time 
of bringing suit. 

Section 20. The General Assembly, notwithstanding any 
thing contained in this Article, shall have power to repeal or 
alter any act of the General Assembly giving jurisdiction to 
the Court of Oyer and Terminer, the Superior Court, the Court 
of General Sessions of the Peace and Jail Delivery, the Or- 
phans' Court, or the Court of Chancery, in any matter, or giv- 
ing any power to either of the said courts. The General As- 
sembly shall also have power to confer upon the Court of Oyer 
and Terminer, the Superior Court, the Court of General Ses- 
sions, the Orphans' Court and the Court of Chancery jurisdic- 
tion and powers in addition to those hereinbefore mentioned. 
Until the General Assembly shall otherwise direct, there shall 
be an appeal to the Supreme Court in all cases in which there 
is an appeal, according to any act of the General Assembly, to 
the Court of Errors and Appeals. 



337 

Section 21. Until the General Assembly shall otherwise 
provide, the Chancellor shall exercise all the powers which any 
law of this State vests in the Chancellor, beside the general 
powers of the Court of Chancery; and the Chief Justice and 
Associate Judges shall each singly exercise all the powers 
which any law of this State vests in the judges singly of the 
Superior Court. 

Section 22. Judges shall not charge juries with respect 
to matters of fact, but may state the questions of fact in issue 
and declare the law. 

Section 23. In civil causes where matters of fact are at 
issue, if the parties agree, such matters of fact shall be tried by 
the court, and judgment rendered upon their decision thereon 
as upon a verdict by a jury. 

Section 24. In civil causes, when pending, the Superior 
Court shall have the power, before judgment, of directing, 
upon such terms as they shall deem reasonable, amendments, 
impleadings and legal proceedings, so that by error in any of 
them, the determination of causes, according to their real 
merits, shall not be hindered; and also of directing the exami- 
nation of witnesses who are aged, very infirm, or going out of 
the State, upon interrogatories de bene esse, to be read in evi- 
dence, in case of the death or departure of the witnesses before 
the trial, or inability by reason of age, sickness, bodily infirm- 
ity, or imprisonment, then to attend; and also the power of ob- 
taining evidence from places not within the State. 

Section 25. At any time pending an action for debt or 
damages, the defendant may bring into court a sum of money 
for discharging the same, together with the cost then accrued, 
and the plaintiff not accepting the same, if upon the final decis- 
ion of the cause, 'he shall not recover a greater sum than that so 
paid into court for him, he shall not recover any costs accruing 
after such payment, except where the plaintiff is an executor or 
administrator. 

Section 26. By the death of any party, no suit in chan- 
cery or at law, where the cause of action survives, shall abate, 
but, until the General Assembly shall otherwise provide, sug- 
gestion of such death being entered of record, the executor or 

i2-c 



33S 

administrator of a deceased petitioner or plaintiff may prose- 
cute the said suit : and if a respondent or defendant dies, the ex- 
ecutor or administrator being duly served with a scire facias 
thirty days before the return thereof shall be considered as a 
party to the suit, in the same manner as if he had voluntarily 
made himself a party; and in any of those cases, the court shall 
pass a decree, or render judgment for or against executors or 
administrators, as to right appertains. But where an executor 
or administrator of a deceased respondent or defendant be- 
comes a party, the court upon motion shall grant such a con- 
tinuance of the cause as to the judges shall appear proper. 

Section 2J . Whenever a person, not being an executor 
or administrator, appeals from a decree of the Chancellor, or 
applies for a writ of error, such appeal or writ shaVl be no stay 
of proceeding in chancery, or the court to which the writ 
issues, unless the appellant or plaintiff in error shall give suffi- 
cient security, to be approved respectively by the Chancellor, 
or by a judge of the court from which the writ issues, that the 
appellant or plaintiff in error shall prosecute respectively his 
appeal or writ to effect, and pay the condemnation money and 
all costs, or otherwise abide the decree in appeal or the judg- 
ment in error, if he fail to make his plea good. 

Section 28. No, writ of error shall be brought upon any 
judgment heretofore confessed, entered or rendered, or upon 
anv judgment hereafter to be confessed, entered or rendered, 
but within five years after the confessing, entering or rendering 
thereof; unless the person entitled to such writ be an infant, 
feme covert, non compos mentis or a prisoner, and then within 
five years exclusive of the time of such disability. 

Section 29. The Prothonotary of the Superior Court may 
issue process, take recognizances of bail and enter judgments, 
according to law and the practice of the court. No judgment 
in one county shall bind lands or tenements in another, until 
a testatum fieri facias being issued, shall be entered of record 
in the office of the prothonotary of the county wherein the 
lands or tenements are situate. 

Section 30. The General Asembly may by law give to 
any inferior courts by them established or to be established, or 
to one or more justices of the peace, jurisdiction of the crimi- 



339 

nal matters following, that is to say: assaults and batteries, 
keeping without license a public house of entertainment, tav- 
ern, inn, ale house, ordinary or victualing house, retailing or 
selling without license, or on Sunday, or to minors, wine, rum, 
brandy, gin, whiskey, or spirituous or mixed liquors, contrary 
to law, carrying concealed a deadly weapon, disturbing meet- 
ings held for the purpose of religious worship, nuisances, and 
such other misdemeanors as the General Assembly may from 
time to time, with the concurrence of two-thirds of all the mem- 
bers elected to each House, prescribed. 

The General Assembly may by law regulate this jurisdic- 
tion, and provide that the proceedings shall be with or without 
indictment oy grand jury, or trial by petit jury, and may 
grant or deny the privilege of appeal to the Court of General 
Sessions; provided, however, that there shall be an appeal to 
the Court of General Sessions in all cases in which the sentence 
shall be imprisonment exceeding one month, or a fine exceed- 
ing one hundred dollars. 

Section 31. There shall be appointed, as hereinafter pro- 
vided, such number of persons to the office of Justice of the 
Peace as shall be directed by law, who shall be commissioned 
for four years. 

Section 32. Justices of the Peace and the judges of such 
courts as the General Assembly may establish pursuant to the 
provisions of Section 1 or Section 30 of this Article shall be ap- 
pointed by the Governor, by and with the consent of three-fifths 
of all the members elected to the Senate, for such terms as shall 
be fixed by this Constitution or by law. 

Section 33. The Registers of Wills of the several counties 
shall respectively hold the Register's Court in each county. 
Upon the litigation of a cause the depositions of the witnesses 
examined shall be taken at large in writing and make part of 
the proceedings in the cause. This court may issue process 
throughout the State. Appeals may be taken from a Regis- 
ter's Court to the Superior Court, whose decision shall be 
final. In cases where a Register of Wills is interested in ques- 
tions concerning the probate of wills, the granting oi letters of 
administration, or executors' or administrators' accounts, the 



34° 

cognizance thereof shall belong to the Orphans' Court, with 
an appeal to the Superior Court, whose decision shall be final. 

Section 34. An executor or administrator shall file 
every account with the Register of Wills for the county, who> 
shall, as soon as conveniently may be, carefully examine the 
particulars with the proofs thereof, in the presence of such ex- 
ecutor or administrator, and shall adjust and settle the same 
according to the right of the matter and the law of the 
land; which account so settled shall remain in his office for in- 
spection; and the executor or administrator shall within three 
months after such settlement give notice in writing to all per- 
sons entitled to shares of the estate, or to their guardians, res- 
pectively, if residing within the State, that the account is 
lodged in the said office for inspection. 

Exceptions may be made by persons concerned to both 
sides of every such account, either denying the justice of the al- 
lowances made to the accountant or alleging further charges 
against him ; and the exceptions shall be heard in the Orphans' 
Court for the county; and thereupon the account shall be ad- 
justed and settled according to the right of the matter and law 
of the land. 

Section 35. The style in all process and public acts shall 
be the THE STATE OF DELAWARE. Prosecutions shall 
be carried on in the name of the State. 

ARTICLE V. 

ELECTIONS. 

Section 1. The general election shall be held biennially 
on the Tuesday next after the first Monday in the month of 
November, and shall be by ballot; but the General Assembly 
may by law prescribe the means, methods and instruments of 
voting so as best to secure secrecy and the independence of the- 
voter, preserve the freedom and purity of elections and prevent 
fraud, corruption and intimidation thereat. 

Section 2. Every male citizen of this State of the age of 
twentv-one vears who shall have been a resident thereof one 
year next preceding an election, and for the last three months 
a resident of the count v, and for the last thirty days a resident 



34i 

of the hundred or election district in which he may offer to 
vote, and in which he shall have been duly registered as here- 
inafter provided for, shall be entitled to vote at such election 
in the hundred or election district of which he shall at the time 
be a resident, and in which he shall be registered, for all offi- 
cers that now are or hereafter may be elected by the people, 
and upon all questions which may be submitted to the vote of 
the people: provided, however, that no person who shall at- 
tain the age of twenty-one years after the first day of January, 
in the year of our Lord nineteen hundred, or after that date 
shall become a citizen of the United States, shall have the right 
to vote unless he shall be able to read this Constitution in the 
English language and write his name; but these requirements 
shall not apply to any person who by reason of physical disa- 
bility shall be unable to comply therewith: and provided also, 
that no person in the military, naval, or marine service of the 
United States shall be considered as acquiring a residence in 
this State, by being stationed in any garrison, barrack, or mili- 
tary or naval place or station within this State; and no idiot, 
or insane person, pauper, or person convicted of a crime deem- 
ed by law felony, or incapacitated under the provisions of this 
Constitution from voting, shall enjoy the right of an elector; 
and the General Assembly may impose the forfeiture of the 
right of suffrage as a punishment for crime. 

Section 3. No person who shall receive or accept, or 
offer to receive or accept, or shall pay, transfer or deliver, or 
offer or promise to pay, transfer or deliver, or shall contribute, 
or offer or promise to contribute to another, to be paid or used, 
any money or other valuable thing as a compensation, induce- 
ment or reward for the registering or abstaining from reg- 
istering of any one qualified to register, or for the giving or 
withholding, or in any manner influencing the giving or with- 
holding, a vote at any general, special or municipal election in 
this State, shall vote at such election; and upon challenge for 
any of said causes, the person so challenged, before the officers 
authorized for that purpose shall receive his vote, shall swear 
or affirm before such officers that he has not received or ac- 
cepted, or offered to receive or accept, or paid, transferred or 
delivered, or offered or promised to pay, transfer or deliver, or 
contributed, or offered or promised to contribute to another, to 
be paid or used, any money or other valuable thing as a com- 



342 

pensation, inducement or reward for the registering or ab- 
staining from registering of any one qualified to register, or for 
the giving or withholding, or in any manner influencing the 
giving or withholding, a vote at such election. 

Such oath or affirmation shall be conclusive evidence to 
the election officers of the truth of such oath or affirmation; 
but if any such oath or affirmation shall be false, the person 
making the same shall be guilty of perjury, and no conviction 
thereof shall bar any prosecution under Section 8 of this 
Article. 

Section 4. The General Assembly shall provide by law 
for a uniform biennial registration of the names of all the 
voters in this State who possess the qualifications prescribed 
in this Article, which registration shall be conclusive evidence 
to the election officers of the right of every person so registered 
to vote at the general election next thereafter, who is not dis- 
qualified under the provisions of Section 3 of this Article; but 
no person shall vote at such election unless his name appears 
in the list of registered voters. 

Such registration shall be commenced not more than nine- 
ty days nor less than sixty days before and be completed not 
more than twenty days nor less than ten days before such elec- 
tion. Application for registration may be made on at least 
five days during the said period; provided, however, that such 
registration may be corrected as hereinafter provided, at any- 
time prior to the day of holding the election. 

Voters shall be registered upon personal application only; 
and each voter shall, at the time of his registration, pay a reg- 
istration fee of one dollar. 

From the decision of the registration officers granting or 
refusing registration, or striking or refusing to strike a name 
or names from the registration list, any person interested, or 
any registration officer, may appeal to the resident Associate 
Judge of the county, or, in case of his disability or absence 
from the county, to any judge entitled to sit in the Supreme 
Court, whose determination shall be final; and he shall have 
power to order any name improperly omitted from the said 
registry to be placed thereon, and any name improperly ap- 



343 

pearing on the said registry to be stricken therefrom, and any 
name appearing on the said registry, in any manner incorrect, 
to be corrected, and to make and enforce all necessary orders 
in the premises for the correction of the said registry. 
Registration shall be required only for general biennial 
elections at which Representatives to the General Assembly 
shall be chosen, unless the General Assembly shall otherwise 
provide by law. 

The existing laws in reference to the registration of voters, 
so far as consistent with the provisions of this Article, shall 
continue in force until the General Assembly shall otherwise 
provide. 

Section 5. Electors shall in all cases, except treason, 
felony, or breach of the peace, be privileged from arrest during 
their attendance at elections, and in going to and returning 
from them. 

Section 6. The presiding election officer of each hundred 
or election district shall on the day next after the general elec- 
tion deliver one of the certificates of the election, made and 
certified as required by law, together with the ballot boxes, 
containing the ballots, the other certificate of election and such 
other papers as shall by law be required to be placed therein, 
to the Prothonotary of the Superior Court of the county, who 
shall at twelve o'clock noon on the second day after the elec- 
tion present the same to the said court, which shall convene 
for the performance of the duties hereby imposed upon it; and 
thereupon the said court, with the aid' of such of its officers 
and such sworn assistants as it shall appoint, shall publicly 
ascertain the state of the election throughout the county, by 
calculating the aggregate amount of all the votes for each 
office that" shall be given in all the hundreds and election dis- 
tricts of the county for every person voted for for such office. 

In case the certificate of election of any hundred or elec- 
tion district shall not be produced, or in case of complaint un- 
der oath of fraud or mistake in any such certificate, or in case 
fraud or mistake is apparent on the face of any such certificate, 
the court shall have power ti issue summary process against 
the election officers or any other persons to bring them forth- 
with into court with the election papers in their possession or 



344 

control, and to open the ballot boxes and take therefrom any 
paper contained therein, and to make a recount of the ballots 
contained therein, and to correct any fraud or mistake in any 
certificate or paper relating to such election. 

The said court shall have all other the jurisdiction and 
powers now vested by law in the Boards of Canvass, and such 
other powers as shall be provided by law. 

After the state of the election shall have been ascertained 
as aforesaid, the said court shall make certificates thereof, un- 
der the seal of said court, in the form required by law, and 
transmit, deliver and lodge the same as required by this Consti- 
tution or by law. and deliver the ballot boxes to the sheriff of 
the county, to be by him kept and delivered as required by law. 

Xo act or determination of the court in the discharge of 
the duties imposed upon it by this section shall be conclusive 
in the trial of any contested election. 

For the purposes of this section the Superior Court shall 
consist in Xew Castle county of the Chief Justice and the resi- 
dent Associate Judge; in Kent county of the Chancellor and 
the resident Associate Judge: and in Sussex county of the res- 
ident Associate Judge and the remaining Associate Judge. 

Two shall constitute a quorum. The Governor shall have 
power to commission a judge for the purpose of constituting a 
quorum when by reason of legal exception to the Chancellor 
or any judge, or for any other cause, a quorum could not 
otherwise be had. 

Section 7. Every person who shall receive or accept, or 
offer to receive or accept, or shall pay, transfer or deliver, or 
offer or promise to pay, transfer or deliver, or shall contribute, 
or offer or promise to contribute, to another to be paid or used, 
any money or other valuable thing as a compensation, induce- 
ment or reward for the giving or withholding, or in any man- 
ner influencing the giving or withholding, a vote at any gen- 
eral, special, or municipal election in this State, or at any pri- 
mary election, convention or meeting held for the purpose of 
nominating any candidate or candidates to be voted for at such 
general, special or municipal election; or who shall make or 
become directly or indirectly a party to any bet or wager de- 



345 

pending upon the result of any such general, special, municipal 
or primary. election or convention or meeting, or upon a vote 
thereat by any person; or who shall, by the use or promise of 
money or other valuable thing, or otherwise, cause or attempt 
to cause any officer of election or registration officer to violate 
his official duty; or who shall by the use or promise of money 
or other valuable thing influence or attempt to influence any 
person to be registered or abstain from being registered; or 
who, being an officer of election or registration officer, shall 
knowingly and wilfully violate his official duty; or who shall by 
force, threat, menace or intimidation, prevent or hinder, or at- 
tempt to prevent or hinder, any person qualified for registra- 
tion from being registered or any person qualified to vote from 
voting according to his choice at any such general, special or 
municipal election, shall be deemed guilty of a misdemeanor, 
and shall be fined not less than one hundred dollars nor more 
than five thousand dollars, or shall be imprisoned for a term 
not less than six months nor more than five years, or shall 
suffer both fine and imprisonment within said limits, at the dis- 
cretion of the court; and, if a male, shall further for a term of 
ten years next following his sentence be incapable of voting at 
any such general, special, municipal or primary election or 
convention or meeting. Xo person, other than the accused, 
shall, in the prosecution for any offense mentioned in this sec- 
tion, be permitted to withhold his testimony on the ground 
that it may criminate himself or subject him to public infamy; 
but such testimony shall not afterwards be used against him in 
any judicial proceeding, except for perjury in giving such 
testimony. 

Section 8. Every prosecution for any of the offences 
mentioned in Section 7 of this Article shall be on informa- 
tion filed by the Attorney General, after examination and com- 
mitment or holding to bail by a judge or justice of the peace, 
and the cause shall be heard, tried and determined by the court 
without the intervention of either a grand jury or a petit jury. 
The accused, if adjudged guilty of the offence charged against 
him, shall have the right at any time within the space of three 
calendar months next after sentence is pronounced to an ap- 
peal to the Supreme Court. The court below, or any judge 
thereof, in term time or vacation, shall upon application by 
the accused allow such appeal; Inn such appeal shall not 



346 

operate as a supersedeas unless the appellant shall at the time 
of the allowance thereof give an appeal bond to the State of 
Delaware in such amount and with such surety as shall be ap- 
proved by such court or judge. On such appeal the Supreme 
Court shall, with all convenient speed, review the evidence ad- 
duced in the cause in the court below, as well as the other pro- 
ceedings therein, and the law applicable thereto, and give final 
judgment accordingly, either affirming or reversing the judg- 
ment below. If the appellant shall fail to prosecute his appeal 
pursuant to the rules and practice hereinafter provided for, the 
Supreme Court shall affirm the judgment of the court be- 
low. Where the sentence in the court below includes a term 
of imprisonment and an appeal bond is given and approved 
in manner aforesaid, the Supreme Court, if it affirm the judg- 
ment below, shall sentence the appellant to a term of imprison- 
ment equal to that imposed by the court below, after deducting 
therefrom a period equal to the time of imprisonment, if any, 
already suffered by him under the sentence of the court below. 
The surety or sureties in any appeal bond given under the pro- 
visions of this section shall have the right at any time after its 
approval and until final judgment shall be rendered by the 
Supreme Court, and, in case the judgment of the court below 
shall be affirmed, until the expiration of the space of thirty 
days next following such affirmance, to take, wherever found, 
and render the appellant to the sheriff of the county in which 
he was sentenced; and a certified copy of the appeal bond shall 
be the sufficient warrant for such surety or sureties for such 
taking and rendering. If the Supreme Court shall reverse any 
judgment of the court below imposing a fine, and if the accused 
shall have fully paid such fine and the costs of prosecution, the 
amount thereof shall be refunded to the appellant through a 
warrant drawn by the court below on the treasurer of the 
county in which the accused was sentenced. All the judges 
entitled to sit in the Supreme Court shall, as soon as con- 
veniently may be, meet at the usual place of sitting of said 
court, and they, or a majority of them, shall adopt rules pre- 
scribing the forms and conditions of appeal bonds to be used 
under the provisions of this section, and the manner of certi- 
fving copies thereof, providing for the printing or reduction to 
writing of all oral evidence in the cause in the court below and 
of the opinion of said court, for the certification of the same 



347 

when so printed or reduced to writing, and of copies thereof; 
for the copying and certification of all documentary or other 
written or printed evidence in the cause in the court below 
and of the record therein ; for the transmission to the Supreme 
Court of such certified copies of such record, and of all the evi- 
dence adduced in the court below and of the opinion of said 
court; for the transmission to the court below of a certified 
copy of the final judgment of the Supreme Court and of any- 
additional sentence pronounced by said court, for the discharge 
of sureties in appeal bonds, and for the framing, issuance, ser- 
vice and enforcement of all process and rules necessary to give 
full effect to the provisions of this section ; and regulating gen- 
erally the practice and procedure of the Supreme Court 
and the court below in cases of appeal under this section. 
The said judges, or a majority of them, met as aforesaid, may 
also provide that when complaint shall be made in due form, 
prescribed by them, to any judge entitled to sit in the Su- 
preme Court, that any offence mentioned in Section 7 
of this Article has been committed in the county in which such 
judge shall reside, such judge shall have power to cause the 
person charged with such offence to be arrested within any 
county of this State and brought before him, and to bind him 
with sufficient surety, or, for want of bail, commit him for his 
appearance and answer at the next term of the Court of Gen- 
eral Sessions in such manner and under and pursuant to such 
rules and regulations as the said judges, or a majority of them, 
shall prescribe. From time to time hereafter, whenever a ma- 
jority of all the judges entitled to sit in the Supreme Court 
shall so request, all of the judges so entitled shall, as 
soon as conveniently may be, meet at the usual place of sitting 
of said court; and- they, or a majority of them, shall have power 
to revise, amend, add to or annul, any rule or rules theretofore 
adopted touching forms, practice or procedure in cases of ap- 
peal under this section, or arrest and binding or commitment 
for appearance and answer, in such manner and to such extent 
as in their judgment shall best serve to effectuate the purposes 
hereof. No person shall be adjudged guilt) oi any offence 
mentioned in Section 7 of this Article without the concurrence 
of all of the judges trying the case; and upon appeal no judg- 
ment of the court shall be affirmed without the concurrence o\ 
all of the judges of the Supreme Court sitting in the ease, and 



348 

their failure to concur as aforesaid shall operate as a reversal of 
the judgment of the court below; provided, however, that such 
concurrence of the judges sitting in the Supreme Court shall 
not be necessary for the affirmance of the judgment of the 
court below where the appellant shall fail to prosecute his ap- 
peal pursuant to the rules and practice herein provided for. 

Section 9. The enumeration of the offences mentioned 
in Section 7 of this Article shall not preclude the General As- 
sembly from defining and providing for the punishment of 
other offences against the freedom and purity of the ballot, or 
touching the conduct, returns or ascertainment of the result of 
general, special or municipal elections, or of primary elections, 
conventions or meetings held for the nomination of candidates 
to be voted for at general, special or municipal elections. Xo 
prosecution under any act of the General Assembly passed 
pursuant to this section shall be subject to the provisions of 
Section 8 of this Article. 

ARTICLE VI. 

IMPEACHMENT AND TREASON. 

Section 1. The House of Representatives shall have the 
sole power of impeaching; but two-thirds of all the members 
must concur in an impeachment. All impeachments shall be 
tried by the Senate, and when sitting for that purpose, the Sen- 
ators shall be upon oath or affirmation to do justice according 
to the evidence. Xo person shall be convicted without the 
concurrence of two-thirds of all the Senators. 

On the trial of an impeachment against the Governor or 
Lieutenant Governor, the Chief Justice, or, in case of his ab- 
sence or disability j the Chancellor shall preside; and on the 
trial of all other impeachments the President of the Senate 
shall preside. 

Section 2. The Governor and all other civil officers un- 
der this State shall be liable to impeachment for treason, brib- 
ery, or any high crime or misdemeanor in office. Judgment in 
such cases shall not extend further than to removal from 
office, and disqualification to hold any office of honor, trust or 



349 

profit under this State; but the party convicted shall, neverthe- 
less, be subject to indictment, trial, judgment and punishment 
according to law. 

Section 3. Treason against this State shall consist only 
in levying war against it, or in adhering to the enemies of the 
Government, giving them aid and comfort. No person shall 
be convicted of treason, unless on the testimony of two wit- 
nesses to the same overt act, or on confession in open court. 

ARTICLE VII. 

PARDONS. 

Section 1. The Governor shall have power to remit fines 
and forfeitures and to grant reprieves, commutations of sen- 
tence and pardons, except in cases of impeachment; but no 
pardon, or reprieve for more than six months, shall be granted, 
nor sentence commuted, except upon the recommendation in 
writing of a majority of the Board of Pardons after full hear- 
ing; and such recommendation, with the reasons therefor at 
length, shall be filed and recorded in the office of the Secretary 
of State, who shall forthwith notify the Governor thereof. 

He shall fully set forth in writing the grounds of all re- 
prieves, pardons and remissions, to be entered in the register 
of his official acts and laid before the General Assembly at its 
next session. 

Section 2. The Board of Pardons shall be composed of 
the Chancellor, Lieutenant Governor, Secretary of State, State 
Treasurer and Auditor of Accounts. 

Section 3. The said board may require information from 
the Attorney General upon any subject relating to the duties 
of said board. 

ARTICLE VIII. 

REVENUE AND TAXATION. 

Section 1. All taxes shall be uniform upon the same class 
of subjects within the territorial limits of the authority levying 
the tax, and shall be levied and collected under general laws. 



35° 

but the General Assembly may by general laws exempt from 
taxation such property as in the opinion of the General Assem- 
bly will best promote the public welfare. 

Section 2. All bills for raising revenue shall originate in 
the House of Representatives; but the Senate may propose al- 
terations al on other bills; and no bill from the operation of 
which, when passed into law, revenue may incidentally arise 
shall be accounted a bill for raising revenue ; nor shall any mat- 
ter or clause whatever not immediately relating to and neces- 
sary for raising revenue be in any manner blended with or an- 
nexed to a bill for raising revenue. 

Section 3. Xo money shall be borrowed or debt created 
by or on behalf of the State but pursuant to an act of the Gen- 
eral Assembly, passed with the concurrence of three- 
fourths of all the members elected to each House, except to 
supply casual deficiencies of revenue, repel invasion, sup- 
press insurrections, defend the State in war, or pay existing 
debts ; and any law authorizing the borrowing of money by or 
on behalf of the State shall specify the purpose for which the 
money is to be borrowed, and the money so borrowed shall be 
used exclusively for such purpose; but should the money so 
borrowed, or any part thereof, be left after the abandonment of 
such purpose or the accomplishment thereof, such money, or 
the surplus thereof, may be disposed of according to law. 

Section 4. Xo appropriation of the public money shall 
be made to, nor the bonds of this State be issued or loaned to 
any county, municipality or corporation, nor shall the credit of 
the State, by the guarantee or the endorsement of the bonds or 
other undertakings of any county, municipality or corporation, 
be pledged otherwise than pursuant to an Act of the General 
Assembly, passed with the concurrence of three-fourths of all 
the members to each House. 

Section 5. The General Assembly shall provide for levy- 
ing and collecting a capitation tax from every male citizen of 
the State of the age of twenty-one years or upwards ; but such 
tax to be collected in any county shall be uniform throughout 
that county, and such capitation tax shall be used exclusively 
in the county in which it is collected. 



35i 

Section 6. No money shall be drawn from the treasury 
but pursuant to an appropriation made by Act of the General 
Assembly; provided, however, that the compensation of the 
members of the General Assembly and all expenses connected 
with the session thereof may be paid out of the treasury pur- 
suant to resolution in that behalf; a regular account of the re- 
ceipts and expenditures of all public money shall be published 
annually. 

Section 7. In all assessments of the value of real estate 
for taxation, the value of the land and the value of the build- 
ings and improvements thereon shall be included. And in all 
assessments of the rental value of real estate for taxation, the 
rental value of the land and the rental value of the buildings 
and the improvements thereon shall be included. The forego- 
ing provisions of this section shad apply to all assessments of 
the value of real estate or of the rental value thereof for taxa- 
tion for State, county, hundred, school, municipal or other 
public purposes. 

Section 8. No county, city, town or other municipality 
shall lend its credit or appropriate money to, or assume the 
debt of, or become a shareholder or joint owner in or with any 
private corporation or any person or company whatever. 

ARTICLE IX. 

CORPORATIONS. 

Section 1. No corporation shall hereafter be created, 
amended, renewed or revived by special act, but only by or 
under general law, nor shall any existing corporate charter be 
amended, renewed, or revived by special act, but only by or 
under general law; but the foregoing provisions shall not apply 
to municipal corporations or corporations for charitable, penal, 
reformatory or educational purposes, sustained in whole or in 
part by the State. The General Assembly shall, by general 
law, provide for the revocation or forfeiture of the charters of 
all corporations for the abuse, misuse, or non-user of their 
corporate powers, privileges or franchises. Any proceeding 
for such revocation or forfeiture shall be taken by the Attorney 
General, as may be provided by law. No general incorpora- 



6^ 

tion law, nor any special act of incorporation, shall be enacted 
without the concurrence of two-thirds of all the members 
elected to each House of the General Assembly. 

Section 2. Xo corporation in existence at the adoption 
of this Constitution shall have its charter amended or renewed 
without first filing, under the corporate seal of said corpora- 
tion, and duly attested, in the office of the Secretary of State, 
an acceptance of the provisions of this Constitution. 

Section 3. Xo corportion shall issue stock, except for 
money paid, labor done or personal property, or real estate or 
leases thereof actually acquired by such corporation; and 
neither labor nor property shall be received in payment of 
stock at a greater price than the actual value at the time the 
said labor was done or property delivered or title acquired. 

Section 4. The rights, privileges, immunities and estates 
of religious societies and corporate bodies, except as herein 
otherwise provided, shall remain as if the Constitution of this 
State had not been altered. 

ARTICLE X. 

EDUCATION. 

Section 1. The General Assembly shall provide for the 
establishment and maintenance of a general and efficient sys- 
tem of free public schools, and may require by law that every 
chil.1, not physically or mentally disabled, shall attend the pub- 
lic school, unless educated by other means. 

Section 2. In addition to the income of the investments 
of the Public School Fund, the General Assembly shall make 
provision for the annual payment of not less than one hundred 
thousand dollars for the benefit of the free public schools 
which, with the income of the investments of the Public School 
Fund, shall be annually apportioned among the school districts 
on the basis of a per diem for every day taught by each teacher 
in said districts, during the school year next preceding the 
time of such apportionment; and the money so apportioned 
shall be used exclusively for the payment of teachers' salaries 
and for furnishing free text books; provided, however, that in 



353 

such apportionment, no distinction shall be made on account 
of race or color, and separate schools for white and colored 
children shall be maintained. All other expenses connected 
with the maintenance of free public schools, and all expenses 
connected with the erection or repair of free public school 
buildings shall be defrayed in such manner as shall be provided 
by law. 

Section 3. No portion of any fund now existing, or which 
may hereafter be appropriated, or raised by tax, for educa- 
tional purposes, shall be appropriated to, or used by, or in aid 
of any sectarian, church or denominational school; provided, 
that all real and personal property used for school purposes, 
where the tuition is free, shall be exempt from taxation and 
assessment for public purposes. 

Section 4. No part of the principal or income of the Pub- 
lic School Fund, now or hereafter existing, shall be used for 
any other purpose than the support of free public schools. 

ARTICLE XI. 

AGRICULTURE. 

Section 1. There shall be a department established and 
maintained, known as the State Board of Agriculture. 

Section 2. The said board shall be composed of three 
Commissioners of Agriculture, one of whom shall reside in 
each county in the State. Any two of them shall constitute a 
quorum for the transaction of business. 

Section 3. The said Commissioners of Agriculture 
shall be appointed by the Governor, by and with the consent of 
a majority of all the members elected to the Senate, one for 
the term of one year, one for the term of two years and one for 
the term of three years ; and thereafter all appointments of 
Commissioners of Agriculture shall be made as aforesaid for 
the term of three years, and they shall hold, office until their 
successors are duly qualified: Provided, that any vacancy oc- 
curring in the office of Commissioner of Agriculture before the 
expiration of a term shall be filled by appointment as afore- 
said for the remainder of the term; and provided further. 

23-c 



354 

that in case such vacancy shall occur when the Senate is not in 
session, such vacancy may be filled by the Governor without 
confirmation by the Senate until the end of the next session of 
the Senate. 

Section 4. The said board shall have power to abate 
and prevent, by such means as the General Assembly shall pre- 
scribe, all contagious and infectious diseases of fruit trees, 
plants, vegetables, cereals, horses, cattle and other farm ani- 
mals; and upon complaint made by the board to the Attornev 
General, of any grievances committed by any common carrier 
or transportation company touching freight charges or effi- 
ciency of transportation, it shall be the duty of the Attorney 
General to institute and prosecute proceedings for the investi- 
gation and redress of such grievances, in such manner as shall 
be provided by law. 

Section 5. The said commissioners may devise such 
plans for securing immigration to this State of industrious and 
useful settlers as they may deem expedient, and such plans may 
be executed as prescribed by the General Assembly. 

Section 6. The General Assembly shall provide by law 
for the compensation of the members of said board, prescribe 
and define their duties, and enact suitable provisions for the ex- 
ecution by the said board of the powers herein designated. 

Section 7. The Board of Agriculture hereby established 
shall continue for eight years from the date of the qualifica- 
tion of the first member thereof, after which it may be abolish- 
ed by the General Assembly. 

ARTICLE XII. 

HEALTH. 

The General Assembly shall provide for the establish- 
ment and maintenance of a State Board of Health, which shall 
shall have supervision of all matters relating to public health, 
with such powers and duties as may be prescribed by law ; and 
also for the establishment and maintenance of such local 
boards of health as may be necessary, to be under the supervis- 
ion of the State Board, to such extent and with such powers as 
may be prescribed by law. 



355 
ARTICLE XIII. 

LOCAL OPTION. 

Section i. The General Assembly may provide by law 
for the submission to the vote of the qualified electors of the 
several districts of the State, or any of them, mentioned in Sec- 
tion 2 of this Article, the question whether the manufacture 
and sale of intoxicating liquors shall be licensed or prohibited 
within the limits thereof; and in every district in which there is 
a majority against license, no person, firm or corporation shall 
thereafter manufacture or sell spirituous, vinous or malt 
liquors, except for medicinal or sacramental purposes, within 
said district, until at a subsequent submission of such question 
a majority of votes shall be cast in said district for license. 
Whenever a majority of all the members elected to each House 
of the General Assembly by the qualified electors in any dis- 
trict named in Section 2 of this Article shall request the sub- 
mission of the question of license or no license to a vote of the 
qualified electors in said district, the General Assembly shall 
provide for the submission of such question to the qualified 
electors in such district at the next general election thereafter. 

Sec -ion 2. Under the provisions of this Article, Sussex 
County shall comprise one district, Kent County one district, 
the City of Wilmington, as its corporate limits now are or may 
hereafter be extended, one district, and the remaining part of 
New Castle County one district. 

Section 3. The General Assembly shall provide neces- 
sary laws to carry out and enforce the provisions of this Article, 
enact laws governing the manufacture and sale of intoxicating 
liquors under the limitations of this Article, and provide such 
penalties as may be necessary to enforce the same. 

ARTICLE XIV. 

OATH OF OFFICE. 

Members of the General Assembly and all public olhcers, 
executive and judicial, except such inferior officers as shall be 
by law exempted, shall, before they enter upon the duties of 
their respective offices, take and subscribe the following oath 
or affirmation: 



356 

"I do solemnly swear (or affirm) that I will support the 
Constitution of the United States, and the Constitution of the 
State of Delaware, and that I will faithfully discharge the du- 
ties of the office of , according to the best of my 

ability"; and all such officers, except as aforesaid, who shall 
have been chosen at any election, shall, before they enter upon 
the duties of their respective offices, take and subscribe the 
oath or affirmation above prescribed, together with the follow- 
ing addition thereto, as part thereof: 

''And I do further solemnly swear (or affirm) that I have 
not directly or indirectly paid, offered or promised to pay, 
contributed, or offered or promised to contribute, any money 
or other valuable thing as a consideration or reward for the 
giving or withholding a vote at the election at which I was 
elected to said office." 

No other oath, declaration or test shall be required as a 
qualification for any office of public trust. 

ARTICLE XV. 

MISCELLANEOUS. 

Section i. The Chancellor, Judges and Attorney General 
shall be conservators of the peace throughout the State; and 
the Sheriffs and Coroners shall be conservators of the peace 
within the counties respectively in which they reside. 

Section 2. Xo public officer shall receive any fees with- 
out giving to the person paying the same a receipt therefor, if 
required, therein specifying every item and charge. 

Section 3. Xo costs shall be paid by a person accused, 
on a bill being returned ignoramus, nor on acquittal. 

Section 4. Xo law shall extend the term of any public 
officer or diminish his salary or emoluments after his election 
or appointment. 

Section 5. All public officers shall hold their respective 
offices until their successors shall be duly qualified, except in 
cases herein otherwise provided. 



357 

Section 6. All public officers shall hold their offices on 
condition that they behave themselves well, and shall be re- 
moved by the Governor on conviction of misbehavior in office 
or of any infamous crime. 

Section 7. The matters within Section 30 of Article IV 
and Sections 7 and 8 of Article V are excepted from the pro- 
vision of the Constitution that "No person shall for any in- 
dictable offence be proceeded against criminally by informa- 
tion," and also from the provisions of the Constitution concern- 
ing trial by jury. 

Section 8. This Constitution shall be prefixed to every 
codification of the laws of this State. 



ARTICLE XVI. 

AMENDMENTS AND CONVENTIONS. 

Section 1. Any amendment or amendments to this Con- 
stitution may be proposed in the Senate or House of Repre- 
sentatives; and if the same shall be agreed to by a majority of 
all the members elected to each House, such proposed amend- 
ment or amendments shall be entered on their journals, with 
the yeas and nays taken thereon, and the Secretary of State 
shall cause such proposed amendment or amendments to be 
published three months before the next general election in at 
least two newspapers in each county in which such newspapers 
shall be published ;and if in the General Assembly next after the 
said election such proposed amendment or amendments shall 
be agreed to by three-fifths of all the members elected to each 
House, the Secretary of State shall cause the same again to be 
published in the manner aforesaid; and such propsed amend- 
ment or amendments shall be submitted to the qualified elect- 
ors of the State at the next general election for approval or 
rejection; and if such proposed amendment or amendments 
shall be approved by a majority of those voting thereon, the 
same shall become part of the Constitution upon the ascertain- 
ment of such results by the General Assembly. When two or 
more proposed amendments shall be so submitted they shall be 
voted upon separately. 



358 

Section 2. The General Assembly may from time to time 
provide for the submission to the qualified electors of the State 
at the general election next thereafter the question, "Shall 
there be a Convention to revise the Constitution and amend 
the same?"; and upon such submission, if a majority of those, 
voting on said question shall decide in favor of a Convention 
for such purpose, the General Assembly at its next session 
shall provide for the election of delegates to such Convention 
at the next general election. Such Convention shall be com- 
posed of thirty-five delegates, one of whom shall be chosen 
from each Representative District by the qualified electors 
thereof. The delegates so chosen shall convene at the Capi- 
tal of the State on the first Tuesday in September next after 
their election. Every delegate shall receive for his services 
such compensation as shall be provided by law. A majority 
of the Convention shall constitute a quorum for the transaction 
of business. The Convention shall have power to appoint 
such officers, employes and assistants as it may deem neces- 
sary, and fix their compensation, and provide for the printing- 
of its documents, journals, debates and proceedings. The 
Convention shall determine the rules of its proceedngs, and be 
the judge of the elections, returns and qualifications of its 
members. Whenever there shall be a vacancy in the office of 
delegate from any district by reason of failure to elect, ineligi- 
bility, death, resignation or otherwise, a writ of election to fill 
such vacancy shall be issued by the Governor, and such va- 
cancy shall be filled by the qualified electors of such district. 

Section 3. The General Assembly shall provide for re- 
ceiving, tallying and counting the votes for or against propos- 
ed amendments to the Constitution, and for or against a Con- 
vention, and for returning to the General Assembly at its next 
session the state of such vote; and shall also enact all provis- 
ions necessary for giving effect to this Article. 

Section 4. No bill or resolution passed by the General 
Assembly under or pursuant to the provisions of this Article,, 
except a bill or resolution providing for the submission to the 
qualified electors of the State the question, "Shall there be a 
Convention to revise the Constitution and amend the same?" 
shall require for its validity the approval of the Governor, and 



359 

the same, except as aforesaid, shall be exempt from the provis- 
ions of Section 19 of Article III of this Constitution. 

Section 5. In voting at any general election, upon pro- 
posed amendments to the Constitution, or upon the question, 
"Shall there be a Convention to revise the Constitution and 
amend the same?" the ballots shall be separate from those cast 
for any person voted for at such election, and shall be kept dis- 
tinct and apart from all other ballots. 

EDWARD G. BRADFORD, 
J. WILKINS COOCH, 
W. C. SPRUANCE, 
WILLIAM SAULSRURY, 
JAMES B. GILCHRIST, 
EDWARD D. HEARNE. 

Mr. Ellegood presented bills, 

Guyer & Hardesty, $204.00. 

Sussex Journal 3-QO. 

Which, upon his motion, were referred to the Committee 
on Accounts. 

Mr. Dasey moved that Rule No. 10 be stricken out, 

Which motion unanimously Prevailed. 

Mr. Cooper, on behalf of the Committee on Rules, recom- 
mended that Rule 4 be amended to read as follows : 

Rule 4. No member shall be allowed to speak upon any 
subject more than ten minutes at one time, and not more than 
twice, except in explanation, without leave of the Convention 
obtained through the President, and no member shall inter- 
rupt another while speaking, unless on points of order, and 
then only by permission of the President, provided that this 
rule shall not be applicable to the Committee of the Whole, 

And moved its adoption, 

Which motion Prevailed. 

Mr. Cooch moved to take up for consideration the report 



360 

►of the Committee on Phraseology and Arrangement, which is 
the proposed Constitution, 

Which motion Prevailed. 

Mr. Cooch moved to adopt the title and enacting clause, 
as follows: 

CONSTITUTION 

of the 

STATE OF DELAWARE. 



WE, THE PEOPLE, HEREBY ORDAIN AND ESTABLISH THIS CONSTITU- 
TION OF GOVERNMENT FOR THE STATE OF 
DELAWARE. 

The motion Prevailed. 

Air. Cooch moved to adopt the Preamble, as follows: 
PREAMBLE. 

Through Divine goodness, all men have by nature the 
rights of worshipping and serving their Creator according to 
the dictates of their consciences, of enjoying and defending life 
and liberty, of acquiring and protecting reputation and pro- 
perty, and in general of attaining objects suitable to their con- 
dition, without injury by one to another; and as these rights 
are essential to their welfare, for the due exercise thereof, 
power is inherent in them; and therefore all just authority in 
the institutions of political society is derived from the people, 
and established with their consent, to advance their happiness ; 
and they may for this end, as circumstances require, from time 
to time, alter their Constitution of government. 

The motion Prevailed. 

Mr. Cooch moved that Article I, Bill of Rights, be 
adopted as a whole, as follows : 



361 
ARTICLE I. 

BILL OF RIGHTS. 

Section I. Although it is the duty of all men frequently 
to assemble together for the public worship of Almighty God; 
and piety and morality, on which the prosperity of communi- 
ties depends, are thereby promoted; yet no man shall or ought 
to be compelled to attend any religious worship, to contribute 
to the erection or support of any place of worship, or to the 
maintenance of any ministry, against his own free will and con- 
sent; and no power shall or ought to be vested in or assumed 
by any magistrate that shall in any case interfere with, or in 
any manner control the rights of conscience, in the free exer- 
cise of religious worship, nor a preference given by law to any 
religious societies, denominations, or modes of worship. 

Section 2. No religious test shall be required as a quali- 
fication to any office, or public trust, under this State. 

Section 3. All elections shall be free and equal. 

Section 4. Trial by jury shall be as heretofore. 

Section 5. The press shall be free to every citizen who 
undertakes to examine the official conduct of men acting in a 
public capacity; and any citizen may print on any subject, be- 
ing responsible for the abuse of that liberty. In prosecutions 
for publications, investigating the proceedings of officers, or 
where the matter published is proper for public information, 
the truth thereof may be given in evidence; and in all indict- 
ments for libels the jury may determine the facts and the law, 
as in other cases. 

Section 6. The people shall be secure in their persons, 
houses, papers and possessions, from unreasonable searches 
and seizures; and no warrant to search any place, or to seize 
any person or thing, shall issue without describing them as par- 
ticularly as may be; nor then, unless there be probable cause 
supported by oath or affirmation. 

Section 7. In all criminal prosecutions, the accused hath 
a right to be heard by himself and his counsel, to be plainly and 



fully informed of the nature and cause of the accusation against 
him, to meet the witnesses in their examination face to face, to 
have compulsory process in due time, on application by him- 
self, his friends or counsel, for obtaining witnesses in his favor, 
and a speedy and public trial by an impartial jury; he shall not 
be compelled to give evidence against himself, nor shall he be 
deprived of life, liberty or property, unless by the judgment of 
his peers or by the law of the land. 

Section 8. No person shall for any indictable offence be 
proceeded against criminally by information, except in cases 
arising in the land or naval forces, or in the militia when in 
actual service in time of war or public danger; and no person 
shall be for the same offence twice put in jeopardy of life or 
limb; nor shall any man's property be taken or applied to pub- 
lic use without the consent of his representatives, and without 
compensation being made. 

Section 9. All courts shall be open; and every man for 
an injury done him in his reputation, person, movable or im- 
movable possessions, shall have remedy by the due course of 
law, and justice administered according to the very right of the 
cause and the law of the land, without sale, denial, or unreason- 
able delay or expense; and every action shall be tried in the 
county in which it shall be commenced, unless when the judges 
of the court in which the cause is to be tried shall determine 
that an impartial trial thereof cannot be had in that county. 
Suits may be brought against the State, according to such 
regulations as shall be made by law. 

Section 10. No power of suspending laws shall be exer- 
cised but by authority of the General Assembly. 

Section 11. Excessive bail shall not be required, nor ex- 
cessive fines imposed, nor cruel punishments inflicted; and in 
the construction of jails a proper regard shall be had to the 
health of prisoners. 

Section 12. All prisoners shall be bailable by sufficient 
sureties, unless for capital offences when the proof is positive 
or the presumption great; and when persons are confined on 



363 

accusation for such offences their friends and counsel may at 
proper seasons have access to them. 

Section 13. The privilege of the writ of habeas corpus 
shall not be suspended, unless when in cases of rebellion or in- 
vasion the public safety may require it. 

Section 14. No commission of oyer and terminer, or jail 
delivery, shall be issued. 

Section 15. No attainder shall work corruption of blood, 
nor except during the life of the offender forfeiture of estate. 
The estates of those who destroy their own lives shall descend 
or vest as in case of natural death, and if any person be killed 
by accident no forfeiture shall thereby be incurred. 

Section 16. Although disobedience to laws by a part of 
the people, upon suggestions of impolicy or injustice in them, 
tends by immediate effect and the influence of example not 
only to endanger the public welfare and safety, but also in 
governments of a republican form contravenes the social 
principles of such governments, founded on common consent 
for common good; yet the citizens have a right in an orderly 
manner to meet together, and to apply to persons intrusted 
with the powers of government, for redress of grievances or 
other proper purposes, by petition, remonstrance or address. 

Section 17. No standing army shall be kept up without 
the consent of the General Assembly, and the military shall in 
all cases and at all times be in strict subordination to the civil 
power. 

Section 18. No soldier shall in time of peace be quartered 
in any house without the consent of the owner; nor in time of 
war but by a civil magistrate, in manner to be prescribed by 
law. 

Section 19. No hereditary distinction shall be granted, 
nor any office created or exercised, the appointment to which 
shall be for a longer term than during good behavior: and no 
person holding any office under this State shall accept oi any 



364 

office or title of any kind whatever from any king, prince, or 
foreign state. 

WE DECLARE THAT EVERY THING IN THIS ARTI- 
CLE IS RESERVED OUT OF THE GENERAL 
POWERS OF GOVERNMENT HEREINAFTER 
MENTIONED. 

Mr. Cooch moved that the consideration of Article II 
(Legislature) be postponed and Article III (Executive) be now 
taken up. 

Air. Martin moved to amend, by adding after "postponed", 
until Thursday next at 10.30 o'clock, a. m., 

Which amendment ■ Was Lost. 

Recurring to the original motion, it prevailed, and Article 
III, Executive, was taken up for consideration and ordered 
read by sections. 

Air. Cooch moved the adoption of Section 1, as follows: 

Section 1. The supreme executive powers of the State 
shall be vested in a Governor. 

The motion Prevailed. 

Air. Cooch moved the adoption of Section 2, as follows: 

Section 2. The Governor shall be chosen by the qualified 
electors of the State , once in every four years, at the general 
election. 

The motion Prevailed. 

Air. Cooch moved the adoption of Section 3, as follows: 

Section 3. The returns of every election for Governor 
shall be sealed up, and immediately transmitted to the Presi- 
dent of the Senate, or in case of a vacancy in the office of 
President of the Senate, or his absence from the State, to the 
Secretary of State, who shall keep the same until a President of 
the Senate shall be chosen, to whom they shall be immediately 
transmitted after his election, who shall open and publish the 
same in the presence of the members of both Houses of the 



365 

General Assembly. Duplicates of the said returns shall also 
be immediately lodged with the Prothonotary of each county. 
The person having the highest number of votes shall be Gov- 
ernor; but if two or more shall be equal in the highest number 
of votes, the members of the two Houses shall, by joint ballot, 
choose one of them to be Governor; and if, upon such ballot, 
two or more of them shall still be equal and highest in votes, 
the President of the Senate shall have an additional casting 
vote. 

Mr. Spruance moved that further consideration of Section 
3 be postponed, 

Which motion Prevailed. 

A/Jr. Cooch moved the adoption of Section 4, as follows; 

■ Section 4. Contested elections of the Governor or Lieu- 
tenant Governor shall be determined by a joint committee, con- 
sisting of one-third of all the members elected to each House 
of the General Assembly, to be selected by ballot of the Houses 
respectively. Every member of the committee shall take an 
oath or affirmation that in determining the said election he will 
faithfully discharge the trust reposed in him ; and the commit- 
tee shall always sit with open doors. 

The Chief Justice, or, in case of his absence or disability, 
the Chancellor shall preside at the trial of any contested elec- 
tion of Governor or Lieutenant Governor, and shall decide 
questions regarding the admissibility of evidence, and shall, 
upon request of the committee, pronounce his opinion upon 
other questions of law involved in the trial. 

The motion Prevailed. 

Mr. Cooch moved the adoption of Section 5, as follows: 

Section 5. The Governor shall hold his office during 
four years from the third Tuesday of January next ensuing his 
election; and shall not be elected a third time to said office. 

Which motion Prevailed. 

Mr. Cooch moved the adoption of Section 6, as follows: 

Section 6. The Governor shall be at least thirty years of 



3 66 

age, and have been a citizen and inhabitant of the United States 
twelve years next before the day of his election, and the last 
six years of that term an inhabitant of this State, unless he shall 
have been absent on public business of the United States or of 
this State. 

The motion Prevailed. 

Mr. Cooch moved the adoption of Section 7, as follows: 

Section 7. Xo member of Congress, nor person holding 
any office under the United States or this State, shall hold or 
exercise the office of Governor. 

Mr. Spruance moved that further consideration of Section 
7 be postponed, 

Which motion Prevailed. 

Mr. Cooch moved the adoption of Section 8, as follows: 

Section 8. The Governor shall, at stated times, receive 
for his services an adequate salary to be fixed by law, which 
shall be neither increased nor diminished during the period for 
which he shall have been elected. 

The motion Prevailed. 

Mr. Cooch moved the adoption of Section 9, as follows: 

Section 9. He shall be commander-in-chief of the army 
and navy of this State, and of the militia, except when they 
shall be called into the service of the United States. 

The motion Prevailed. 

Mr. Cooch moved the adoption of Section 10, as follows: 

Section 10. He shall have power, unless herein other- 
wise provided, to appoint, by and with the consent of a 
majority of all the members elected to the Senate, such officers 
as he is or may be authorized by this Constitution or by law to 
appoint. He shall have power to fill all vacancies that may 
happen during the recess of the Senate, in offices to which he 
may appoint, except in the offices of Chancellor, Chief Justice 
and Associate Judges, by granting commissions which shall 
expire at the end of the next session of the Senate. 



36 7 

He shall have power to fill all vacancies that may happen 
in elective offices, except in the offices of Lieutenant Governor 
and member of the General Assembly, by granting commis- 
sions which shall expire when their successors shall be duly 
qualified. 

In case of vacancy in an elective office, except as afore- 
said, a person shall be chosen to said office for the full term at 
the next general election, unless the vacancy shall happen 
within two months next before such election, in which case the 
election for said office shall be held at the second succeeding 
general election. 

Unless herein otherwise provided, confirmation by the 
Senate of officers appointed by the Governor shall be required 
only where the salary, fees and emoluments of office shall ex- 
ceed the sum of five hundred dollars annually. 

The motion Prevailed. 

Mr. Cooch moved to strike out in Section n, all after the 
word "appoint" in line one, to the word "a" in line three, viz.: 
"by and with the consent of a majority of all the members 
elected to the Senate." 

The yeas and nays were ordered, which, being taken, were 
as follows : 

Yeas — -Messrs. Cavender, Cooch, Evans, Hearne, Horsey. 
Pratt, Richards, Sapp, Mr. President. 

Nays- — Messrs. Clark, Cooper, Dasey, Ellegood, Gilchrist, 
Hering, Johnson, Martin, Moore, Murray, Orr, Saulsbury. 
Smithers, Spruance, Wright. 

Yeas, 9; nays, 15. 

So the question was decided in the negative, and the 
motion was lost. 

Mr. Cooch moved the adoption of Section it, as follows: 

Section n. The Governor shall appoint, by and with the 
consent of a majority of all the members elected to the Senate, 
a Secretary of State, who shall hold office during the pleasure 



3 68 

of the Governor. He shall keep a fair register of all the offi- 
cial acts and proceedings of the Governor, and shall, when re- 
quired by either House of the General Assembly, lay the same, 
and all papers, minutes and vouchers, relative "thereto, before 
such House, and shall perform such other duties as shall be 
enjoined upon him by law. He shall have a compensation for 
his services to be fixed by law. 

The motion Prevailed. 

Mr. Cooch moved the adoption of Section 12, as follows: 

Section 12. Xo person shall be elected or appointed to 
an office within a county who shall not have a right to vote for 
a Representative in the General Assembly, and have been a 
resident therein one year next before his election or appoint- 
' ment, nor hold the office longer than he continues to reside in 
the county, unless herein otherwise provided. 

Xo member of Congress, nor any person holding or exer- 
cising any office under the United States, except officers 
usually appointed by the courts of justice respectively and at- 
torneys-at-law, shall at the same time hold or execise any office 
of profit under this State, unless herein otherwise provided. 

No person shall hold more than one of the following 
offices at the same time, to wit: Secretary of State. Attorney- 
General, Insurance Commissioner, State Treasurer, Auditor 
of Accounts, Prothonotary, Clerk of the Peace, Register of 
Wills, Recorder, Sheriff or Coroner. 

The motion Prevailed. 

Air. Cooch moved the adoption of Section 13, as follows: 

Section 13. All commissions shall be in the name of the 
State, and shall be sealed with the great seal and signed by the 
Governor. 

The motion Prevailed. 

Air. Cooch moved the adoption of Section 14, as follows: 

Section 14. The Governor may for any reasonable cause 
remove any officer, except the Lieutenant Governor and mem- 



369 

bers of the General Assembly, upon the address of two-third's 
of all the members elected to each House of the General As- 
sembly. Whenever the General Assembly shall so address the 
Governor, the cause of removal shall be entered on the jour- 
nals of each House. The person against whom the General 
Assembly may be about to proceed shall receive notice there- 
of, accompanied with the cause alleged for his removal, at least 
ten days before the day on which either House of the General 
Assembly shall act thereon. 

The motion Prevailed. 

Mr. Cooch moved the adoption of Section 15, as follows: 

Section 15. The Governor may require information in 
writing from the officers in the executive department, upon 
any subject relating to the duties of their respective offices. 

The motion Prevailed. 

Mr. Cooch moved the adoption of Section 16, as follows: 

Section 16. He shall, from time to time, give to the Gen- 
eral Assembly information of affairs concerning the State and 
recommend to its consideration such measures as he shall 
judge expedient. 

The motion Prevailed. 

Mr. Cooch moved the adoption of Section 17, as follows: 

Section 17. He may on extraordinary occasions convene 
the General Assembly by proclamation; and in case of disa- 
greement between the two Houses with respect to the time of 
adjournment, adjourn them to such time as he shall think pro- 
per, not exceeding three months. He shall have power to 
convene the Senate in extraordinary session by proclamation, 
for the transaction of executive business. 

The motion Prevailed. 

Mr. Cooch moved the adoption of Section 18, as follows: 

Section 18. He shall take care that the laws be faithfully 
executed. 

The motion Prevailed. 

24-c 



Mr. Cooch moved the adoption of Section 19. as follows: 

Section 19. Every bill which shall have passed both 
Houses of the General Assembly shall, before it becomes a 
law, be presented to the Governor: if he approve, he shall 
sign it: but if he shall not approve, he shall return it with his 
objections to the House in which it shall have originated, 
which House shall enter the objections at large on the journal 
and proceed to reconsider it. If, after such reconsideration, 
three-fifths of all the members elected to that House shall 
agree to pass the bill, it shall be sent, together with the objec- 
tions, to the other House, by which it shall likewise be recon- 
sidered., and if approved by three-fifths of all the members 
elected to that House, it shall become a law: but in neither 
House shall the vote be taken on the day on which the 
bill shall be returned to it. In all such cases the votes of both 
Houses shall be determined by yeas and nays, and the names 
of the members voting for and against the bill shall be entered 
on the journal of each House respectively. If any bill shall not 
be returned by the Governor within ten days, Sundays except- 
ed, after it shall have been presented to him, the same shall be 
a law, in like manner as if he had signed it, unless the General 
Assembly shall, by adjournment, prevent its return, in 
which case it shall not become a law without the approval of 
the Governor. Xo bill shall become a law after the final ad- 
journment of the General Assembly, unless approved by the 
Governor within thirty days after such adjournment. The 
Governor shall have power to disapprove of any item or items 
of any bill making appropriations of money, embracing dis- 
tinct items, and the part or parts of the bill approved shall be 
the law. and the item or items of appropriation disapproved 
shall be void, unless repassed according to the rules and limi- 
tations prescribed for the passage of other bills over the Ex- 
ecutive veto. Every order, resolution, or vote to which the 
concurrence of both Houses of the General Assembly may be 
necessary, except on a question of adjournment, shall be pre- 
sented to the Governor: and before the same shall take effect 
be approved by him, or. being disapproved by him. shall be 
repassed by three-fifths of all the members elected to each 
House of the General Assembly, according to the rules and 
limitations prescribed in the case of a bill. 

The motion Prevailed. 



37i 

Mr. Cooch moved the adoption of Section 20, as follows: 

Section 20. A Lieutenant Governor shall be chosen at 
the same time, in the same manner, for the same term, and 
subject to the same provisions as the Governor; he shall pos- 
sess the same qualifications of eligibility for office as the Gov- 
ernor; he shall be President of the Senate, but shall have no 
vote unless the Senate be equally divided. 

The Lieutenant Governor while acting as President of the 
Senate, or as a member of the Board of Pardons, shall re- 
ceive for his services the same compensation as the Speaker of 
the House of Representatives. 

Mr. Cavender moved to amend, by inserting in line eight 
between the words "or" and "as" the words "while acting." 

Mr. Johnson moved to substitute in lieu of "while acting" 
the words "while attending session." 

Mr. Saulsbury moved the further consideration of Section 
20 be postponed, 

Which motion Prevailed. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



Same Day, 2.30 o'clock, P. M. 

Convention met pursuant to adjournment. 

Air. Donahoe presented bill of J. D. Deane for $91.49, 
which, upon his motion, was referred to the Committee on 
Accounts. 

Air. Richards moved that the consideration of Section 21 
be postponed, 

Which motion Prevailed. 

Air. Saulsbury submitted the following report: 

The Committee on Accounts, to whom were referred the 
bill of Guyer & Hardesty for $204.00 for stenographic report- 
ing, and the bill of Charles G. Guyer for typewriting, and the 
bills of the Sussex "Journal" for printing, recommend the 
adoption of the following resolution: 

Resolved, That the President of this Convention be and 
he is hereby authorized to draw his warrants upon the State 
Treasurer, as follows: 

In favor of Guyer & Hardesty for stenographic reporting, 
$204.00; In favor of Charles G. Guyer for typewriting, $8.80; 
In favor of the Sussex "Journal" for printing, $19.00. 

Mr. Cooch moved the adoption of the report, 

Which motion Prevailed. 

Mr. Bradford moved the adoption of Section 22, as fol- 
lows : 

Section 22. The terms of office of the Attorney General 
and Insurance Commissioner shall be four years; and the 
terms of office of the State Treasurer and Auditor of Accounts 
shall be two years. These officers shall be chosen by the 
qualified electors of the State at general elections, and be com- 
missioned bv the Governor. 



373 

Mr. Evans moved that the consideration of Sections 22 
and 23 be postponed, 

Which motion Was Withdrawn. 

Mr. Pratt moved to strike out in line four of Section 22, 
the word "two" and insert in lieu thereof the word "four," 

Which motion Was Lost. 

Mr. Saulsbury movM to amend Section 22 by striking out 
all after the word "years" in line four and adding: "The At- 
torney General shall be appointed by the Governor, by and 
with the consent of three-fifths of all the members elected to 
the Senate, and the Insurance Commissioner, State Treasurer 
and Auditor of Accounts shall be chosen by the qualified 
electors of the State at general elections, and be commissioned 
by the Governor." 

Mr. Johnson moved to divide the amendment so as to vote 
upon the appointment of Attorney General separately from the 
others, 

Which motion Prevailed. 

Upon the vote being taken that part of the amendment 
was declared lost. 

By consent the remaining part was withdrawn. 

Recurring to the original motion for the adoption of Sec- 
tion 22, it prevailed. 

And Section 22 was adopted as follows : 

Section 22. The terms of office of the Attorney General 
and Insurance Commissioner shall be four years; and the 
terms of office of the State Treasurer and Auditor of Accounts 
shall be two years. These officers shall be chosen by the 
qualified electors of the State at general elections, and be com- 
missioned by the Governor. 

Mr. Bradford moved the adoption of Section 23. 

Section 23. The terms of office of Prothonotaries, Clerks 
of the Peace, Registers of Wills, Recorders, Registers in 



374 

Chancery and Clerks of the Orphans' Court shall be four 
years ; and the terms of office of Sheriffs and Coroners shall be 
two years. These officers shall be chosen by the qualified 
electors of the respective counties at general elections, and be 
commissioned by the Governor. 

No person shall be twice elected Sheriff in any term of 
four years. 

Mr. Bradford moved to amend by striking out the word 
"Prothonotaries" in line one of Section 23. 

Air. Cooch moved to amend further by striking out in 
addition tue words "Clerks of the Peace, Registers of Wills, 
Recorders, Registers in Chancery and Clerks of the Orphans' 
Court," 

Which motion Was Lost. 

Recurring to the amendment offered by Air. Bradford, 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Donahoe, Harman, Horsey, Johnson, 
Pratt, Sapp. 

Nays — Messrs. Bradford, Cavender, Clark, Cooch, Cooper, 
Ellegood, Gilchrist, Hearne, Hering, Martin, Moore, Murray, 
Orr, Richards, Saulsbury, Smithers, Spruance, Wright, Air. 
President. 

Yeas, 6; nays, 19. 

So the question was decided in the negative, and the 
amendment lost. 

Recurring to the original motion for the adoption of Sec- 
tion 23, it prevailed, 

And Section 23 was adopted, as follows: 

Section 2^. The terms of office of Prothonotaries, Clerks 
of the Peace, Registers of Wills, Recorders, Registers in 
Chancery and Clerks of the Orphans' Court shall be four 
vears; and the terms of office of Sheriffs and Coroners shall be 



375 

two years. These officers shall be chosen by the qualified 
electors of the respective counties at general elections and be 
commissioned by the Governor. 

No person shall be twice elected Sheriff in any term of 
four years. 

Air. Bradford moved the adoption of Section 24, as 
follows : 

Section 24. Prothonotaries, Clerks of the Peace, Regis- 
ters of Wills, Recorders, Registers in Chancery, Clerks of the 
Orphans' Court and Sheriffs shall keep their offices in the town 
or place in each county in which the Superior Court is usually 
held. 

The motion Prevailed. 

Mr. Bradford moved that Article IV, Judiciary, be now 
taken up for consideration, 

Which motion Prevailed. 

And Article IV was ordered to be read in Sections. 

Mr. Bradford moved the adoption of Section 1, as follows: 

Section 1. The judicial power of this State shall be 
vested in a Supreme Court, a Superior Court, a Court of Chan- 
cery, an Orphans' Court, a Court of Oyer and Terminer, a 
Court of General Sessions, a Register's Court, Justices of the 
Peace and such other courts as the General Assembly, with the 
concurrence of two-thirds of all the members elected to each 
House, shall from time to time by law establish. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 2, as follows: 

Section 2. There shall be six State judges, who shall lie 
learned in the law. One of them shall be Chancellor, one of 
them Chief Justice and the other four of them Associate 
Judges. 

The Chancellor, Chief Justice and one of the Associate 
Judges may be appointed from and reside in any part of the 



376 

State. The other three Associate Judges may be appointed 
from any part of the State. They shall be resident Associate 
Judges, and one of them shall reside in each county. 

In case the commissions of two or more of the Associate 
Judges shall be of the same date, they shall, as soon as con- 
veniently may be after their appointment, determine their 
seniority by lot, and certify the result to the Governor. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 3, as follows: 

Section 3. The Chancellor, Chief Justice and Associate 
Judges shall be appointed by the Governor, by and with the 
consent of three-fifths of all the members elected to the Senate, 
for the term of twelve years, and if a vacancy shall occur, by 
expiration of term or otherwise, at a time when the Senate 
shall not be in session, the Governor shall within thirty days 
after the happening of any such vacancy convene the Senate 
for the purpose of confirming his appointment to fill said va- 
cancy, and the transaction of such other executive business as 
may come before it. Such vacancy shall be filled as aforesaid 
'for the full term. 

The said appointments shall be such that not more than 
three of the said five law judges, in office at the same time, 
shall hare been appointed from the same political party. 

Mr. Cooch moved to amend by striking out in the third 
line the words "three-fifths" and inserting in lieu thereof the 
words "a majority," 

Which motion Prevailed. 

Mr. Pratt moved to amend by striking out all of Section 
3 after the word "term" in line twelve. 

Upon motion of Mr. Cavender the privilege of the floor 
was extended to Mr. Pratt for the third time. 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Donahoe, Harman, Horsey, Johnson, 
Pratt, Sapp. 



377 

Nays — Messrs. Bradford, Cavender, Clark, Cooch, 
Cooper, Ellegood, Gilchrist, Hearne, Hering, Martin, Moore, 
Murray, Orr, Richards, Sauls-bury, Smithers, Spruance, 
Wright, Mr. President. 

Yeas, 6; nays, 19. 

So the question was decided in the negative, and Mr. 
Pratt's amendment declared lost. 

Air. Martin moved to amend Section 3 by adding at the 
end of line fifteen, as follows : 

Any of the said judges shall have the right to resign his 
office after reaching the age of seventy years and thereafter 
receive the full salary attached to the office until the end of the 
term for which he was appointed, provided that during said 
term, and before his resignation, he shall have continued in 
active discharge of his office for at least one half of the said 
term. 

Pending Mr. Martin's motion, a motion to adjourn until 
to-morrow at 10.30 o'clock, a. m., prevailed. 



di 



78 



Wednesday, May 12, 1897, 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. J. H. Beauchamp. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Donahoe, Ellegood, Evans, Gilchrist, Harman, Hearne, 
Horsey, Hering, Johnson, Martin, Moore, Murray, Pratt, 
Richards, Sapp, Saulsbury, Smithers, Spruance, Wright, Mr. 
President. 

Journal read and approved. 

Mr. Saulsbury moved that the Secretary be directed to 
furnish to each member of the House of Representatives and 
Senate a copy of the proposed new Constitution, 

Which motion Prevailed. 

Recurring to the pending amendment offered yesterday 
by Mr. Martin, 

The yeas and nays were ordered, which, being taken, were 
as follows : 

Yeas — Messrs. Burris, Cavender, Evans, Martin, Rich- 
ards, Mr. President. 

Nays — Messrs. Bradford, Cannon, Carlisle, Clark, Cooch, 
Dasey, Ellegood, Gilchrist, Hearne, Horsey, Hering, Johnson, 
Moore, Murray, Pratt, Saulsbury, Smithers, Spruance, Wright. 

Yeas, 6; nays, 19. 

So the question was decided in the negative, and Mr. 
Martin's amendment declared lost. 



379 

Recurring to the motion made yesterday for the adoption 
of Section 3, as amended, as follows: 

Section 3. The Chancellor, Chief Justice and Associate 
Judges shall be appointed by the Governor, by and with the 
consent of a majority of all the members elected to the Senate, 
for the term of twelve years, and if a vacancy shall occur, by 
-expiration of term or otherwise, at a time when the Senate 
shall not be in session, the Governor shall within thirty days 
after the happening of any such vacancy, convene the Senate 
for tne purpose of confirming his appointment to fill said va- 
cancy, and the transaction of such other executive business as 
may come before it. Such vacancy shall be filled as aforesaid 
for the full term. The said appointments shall be such that no 
more than three of the said five law judges, in office at the same 
time, shall have been appointed from the same political party. 

The motion Prevailed. 

Air. Bradford moved the adoption of Section 4, as follows: 

Section 4. The Chancellor, Chief Justice and Associate 
Judges shall respectively receive from the State for their servi- 
ces a compensation which shall be fixed by law and paid quar- 
terly, and shall not be less than the annual sum of three thous- 
and dollars, and they shall not receive any fees or perquisites 
in addition to their salaries for business done by them, except 
as provided by law. They shall hold no other office of profit. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 5, as follows: 

Section 5. The Chief Justice and the four Associate 
Judges shall compose the .Superior Court, the Court of Gen- 
eral Sessions and the Court of Oyer and Terminer, as herein- 
after prescribed. 

The said five judges shall designate those of their number 
who shall hold the said courts in the several counties. When- 
ever practicable the said courts shall consist of three of the 
said five judges, but no more than three of them shall sit to- 
gether in any of the said courts. In each of the said courts 
the Chief Justice when present shall preside, and in his absence 
the senior Associate Judge present shall preside. 



Two shall constitute a quorum in the said courts respec- 
tively, except in the court of Oyer and Terminer, where three 
shall constitute a quorum. 

One may open and adjourn court. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 6, as follows : 

Section 6. Two sessions of the Superior Court, or Court 
of General Sessions, or one session of each of the said courts, 
or one session of the Court of Oyer and Terminer and of either 
of the other of the said courts may at the same time be held in 
the same county or in different counties, and the business in 
the several counties may be distributed and apportioned in 
such manner as shall be provided by the rules of the said 
courts respectively. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 7, as follows: 

Section 7. The Superior Court shall have jurisdiction of 
all causes of a civil nature, real, personal and mixed, at com- 
mon law and all other the jurisdiction and powers vested by the 
laws of this State in the Superior Court. 

The motion Prevailed. 

Air. Bradford moved the adoption of Section 8, as follows: 

Section 8. The Court of General Sessions shall have all 
the jurisdiction and powers vested by the laws of this State in 
the Court of General Sessions of the Peace and Jail Delivery. 

The motion Prevailed. 

Air. Bradford moved the adoption of Section 9, as follows: 

Section 9. The Court of Oyer and Terminer shall have 
all the jurisdiction and powers vested by the laws of this State 
in the Court of Oyer and Terminer. 

The motion Prevailed. 

Air. Bradford moved the adoption of Section 10, as fol- 
lows : 



3 8 1 

Section 10. The Chancellor shall hold the Court of Chan- 
cery. This court shall have all the jurisdiction and powers 
vested by the laws of this State in the Court of Chancery. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section n, as fol- 
lows : 

Section n. The Orphans 1 Court in each county shall 
consist of the Chancellor and the resident Associate Judge of 
the county. The Chancellor when present shall preside. 
One of them shall constitute a quorum. 

When their opinions are opposed, or when the decision is 
made by one of them, or when the decision is made by both of 
them in matters involving a right to real estate or the ap- 
praised value or other value thereof, and in all matters affect- 
ing guardians or guardians' accounts, there shall be an appeal 
to the Superior Court for the county, which shall have final ju- 
risdiction in every such case. Upon such appeal, if the Asso- 
ciate Judge sat in the cause below, he shall not sit in the Supe- 
rior Court. In all other cases the decision of the Orphans' 
Court shall be final. 

This court shall have all the jurisdiction and powers vested 
by the laws of this State in the Orphans' Court. 

The motion Prevailed. 

Mr. Bradford asked unanimous consent to strike out 
the final "s" from the word "prosecutions" in lines seventeen 
and twenty, in Section 12, and moved the adoption of Section 
12 as corrected, 

Which motion Prevailed. 

And Section 12 was adopted, as follows: 

Section 12. The Supreme Court shall have jurisdiction 
as follows : 

(1). To issue writs of error to the Superior Court and to 
determine finally all matters in error in the judgments and 
proceedings of said Superior Court. 



382 

(2). To issue upon application of the accused, after con- 
viction and sentence, writs of error to the Court of Oyer and 
Terminer and the Court of General Sessions in all cases in 
which the sentence shall be death, imprisonment exceeding- 
one month, or rlne exceeding $100, and in such other cases as 
shall be provided by law; and to determine finally all matters 
in error in the judgments and proceedings of said Court of 
Oyer and Terminer and Court of General Sessions in such 
cases: provided, however, that there shall be no writ of error 
to the Court of General Sessions in cases of prosecution under 
Section 8 of Article Y of this Constitution. 

(3). To receive appeals from the Court of General Ses- 
sions in cases of prosecution under Section 8 of Article Y of 
this Constitution., and to determine finally all matters of appeal 
in such cases. 

(4). To receive appeals from the Court of Chancery, and 
to determine finally all matters of appeal in the interlocutory 
or final decrees and proceedings in chancery. 

(5). To issue writs of prohibition, certiorari and man- 
damus to the Superior Court, the Court of Oyer and Terminer, 
the Court of General Sessions, the Court of Chancery and the 
Orphans' Court, or any of the judges of the said courts, and all 
orders, rules and processes proper to give effect to the same. 
The General Assembly shall have power to provide by law of 
what judges the Supreme Court shall consist for the purpose 
of this paragraph and in what manner, and by what judges of 
the Supreme Court, the jurisdiction and power hereby con- 
ferred may be exercised in vacation. 

Mr. Bradford moved the adoption of Section 13. as fol- 
lows : 

Section 13. The Supreme Court upon a writ of error to 
the Superior Court, Court of Oyer and Terminer, or Court of 
General Sessions, or upon appeal from the Court of General 
Sessions, shall consist of the Chancellor and such of the other 
five judges as did not sit in'the cause below. The Chancellor 
when present shall preside, and in his absence the Chief Justice 
when present shall preside, and in his absence the senior 
Associate Judge present shall preside. Any three of them 



333 

shall constitute a quorum, and one of them may open and 
adjourn court. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 14, as fol- 
lows : 

Section 14. The Supreme Court upon an appeal from the 
Court of Chancery shall consist of the Chief Justice and the 
four Associate Judges. 

The Chief Justice when present shall preside, and in his 
absence the senior Associate Judge present shall preside. Any 
three of them shall constitute a quorum, and one of them may 
open and adjourn court. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 15, as fol- 
lows : 

Section 15. Whenever the Superior Court, Court of Oyer 
and Terminer or Court of General Sessions shall consider that 
a question of law ought to be heard by the Court in Banc, they 
shall have power, upon application of either party, to direct it 
to be so heard; and in that case the Court in Banc shall consist 
of the Chief Justice and the four Associate Judges. 

The Chief Justice when present shall preside, and in his 
absence the senior Associate Judge present shall preside. Any 
four of them shall constitute a quorum, and one of them may 
open and adjourn court. 

The Superior Court, Court of Oyer and Terminer or 
Court of General Sessions in exercising this power, may direct 
a cause to be proceeded in to verdict or judgment in that court, 
or to be otherwise proceeded in, as shall be best for expediting 
justice. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 16, as fol- 
lows: 

Section 16. In matters of chancery jurisdiction in which 



384 

the Chancellor is interested or otherwise disqualified, the 
Chief Justice shall have jurisdiction, and there shall be an ap- 
peal to the Supreme Court, which shall in this case consist of 
the four Associate Judges, the senior Associate Judge present 
presiding. Any three of them shall constitute a quorum, and 
one of them may open and adjourn court. 

The motion Prevailed. 

Air. Bradford moved the adoption of Section 17, as fol- 
lows: 

Section 17. The Chief Justice, or, in case of his absence 
from the State or disability, the senior Associate Judge, shall 
have power, during the absence of the Chancellor from the 
State or his temporary disability, to grant restraining orders 
and preliminary injunctions, pursuant to the rules of the Court 
of Chancery: provided, that nothing herein contained shall be 
construed to confer general jurisdiction over the case. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 18, as fol- 
lows: 

Section 18. The Governor shall have power to commis- 
sion a judge ad litem for the purpose of constituting a quorum 
in the Superior Court, Court of Oyer and Terminer, Court of 
General Sessions or Supreme Court, where by reason of legal 
exception to the Chancellor or any judge or for other cause a 
quorum could not otherwise be had. The commission in such 
case shall confine the office to the cause, and it shall expire on 
the determination of the cause. The judge so appointed shall 
receive a reasonable compensation to be fixed by the General 
Assembly. A member of Congress, or any person holding or 
exercising an office under the United States, shall not be dis- 
qualified from being appointed a judge ad litem. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 19, as fol- 
lows: 

Section 19. The jurisdiction of each of the aforesaid 
courts shall be co-extensive with the State. Process may be 



3«5 

issued out of each court, in either county, into every county. 
Xo costs shall be awarded against any party to a cause by rea- 
son of the fact that suit is brought in a county other than that 
in which the defendant or defendants may reside at the time 
of bringing suit. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 20, as fol- 
lows : 

Section 20. The General Assembly, notwithstanding any 
thing contained in this Article, shall have power to repeal or 
alter any act of the General Assembly giving jurisdiction to 
the Court of Oyer and Terminer, the Superior Court, the Court 
of General Sessions of the Peace and Jail Delivery, the Or- 
phans' Court, or the Court of Chancery, in any matter, or giv- 
ing any power to either of the said courts. The General As- 
sembly shall also have power to confer upon the Court of Oyer 
and Terminer, the Superior Court, the Court of General Ses- 
sions, the Orphans' Court and the Court of Chancery jurisdic- 
tion and powers in addition to those hereinbefore mentioned. 
Until the General Assembly shall otherwise direct, there shall 
be an appeal to the Supreme Court in all cases in which there 
is an appeal, according to any act of the General Assembly, to 
the Court of Errors and Appeals. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 21, as fol- 
lows : 

Section 21. Until the General Assembly shall otherwise 
provide, the Chancellor shall exercise all the powers which any 
law of this State vests in the Chancellor, beside the general 
powers of the Court of Chancery; and the Chief Justice and 
Associate Judges shall each singly exercise all the powers 
which any law of this State vests in the judges singly of the 
Superior Court. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 22, as fol- 
lows : 

25- c 



3 86 

Section 22. Judges shall not charge juries with respect 
to matters of fact, but may state the questions of fact in issue 
and declare the law. 

The motion Prevailed. 

Air. Bradford moved the adoption of Section 23, as fol- 
lows : 

Section 23. In civil causes where matters of fact are at 
issue, if the parties agree, such matters of fact shall be tried by 
the court, and judgment rendered upon their decision thereon 
as upon a verdict by a jury. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 24. 

Mr. Bradford moved to amend by striking out in line three 
the word "they" and inserting in lieu thereof the word "it", 

Which motion Prevailed. 

Mr. Bradford moved the adoption of Section 24, as 
amended, as follows: 

Section 24. In civil causes, when pending, the Superior 
Court shall have the power, before judgment, of directing, 
upon such terms as it shall deem reasonable, amendments, 
impleading^ and legal proceedings, so that by error in any of 
them, the determination of causes, according to their real 
merits, shall not be hindered; and also of directing the exami- 
nation of witnesses who are aged, very infirm, or going out of 
the State, upon interrogatories de bene esse, to be read in evi- 
dence, in case of the death or departure of the witnesses before 
the trial, or inability by reason of age, sickness, bodily infirm- 
ity, or imprisonment, then to attend ; and also the power of ob- 
taining evidence from places not within the State. 

The motion Prevailed. 

Air. Bradford moved the adoption of Section 25, as fol- 
lows : 

Section 25. At any time pending an action for debt or 
damages, the defendant may bring into court a sum of money 



387 

for discharging the same, together with the cost then accrued, 
and the plaintiff not accepting the same, if upon the final decis- 
ion of the cause, he shall not recover a greater sum than that so 
paid into court for him, he shall not recover any costs accruing 
after such payment, except where the plaintiff is an executor or 
administrator. 

-\ 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 26, as fol- 
lows : 

Section 26. By the death of any party, no suit in chan- 
cery or at law, where the cause of action survives, shall abate, 
but, until the General Assembly shall otherwise provide, sug- 
gestion of such death being entered of record, the executor or 
administrator of a deceased petitioner or plaintiff may prose- 
cute the said suit; and if a respondent or defendant dies, the ex- 
ecutor or administrator being duly served with a scire facias 
thirty days before the return thereof shall be considered as a 
party to the suit, in the same manner as if he had voluntarily 
made himself a party; and in any of those cases, the court shall 
pass a decree, or render judgment for or against executors or 
administrators, as to right appertains. But where an executor 
or administrator of a deceased respondent or defendant be- 
comes a party, the court upon motion shall grant such a con- 
tinuance of the cause as to the judges shall appear proper. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 2J, as fol- 
lows : 

Section 27. Whenever a person, not being an executor 
or administrator, appeals from a decree of the Chancellor, or 
applies for a writ of error, such appeal or writ shall be no stay 
of proceeding in chancery, or the court to which the writ 
issues, unless the appellant or plaintiff in error shall give suffi- 
cient security, to be approved respectively by the Chancellor, 
or by a judge of the court from which the writ issues, that the 
appellant or plaintiff in error shall prosecute respectively his 
appeal or writ to effect, and pay the condemnation money and 



3 88 

all costs, or otherwise abide the decree in appeal or the judg- 
ment in error, if he fail to make his plea good. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 28, as fol- 
lows : 

Section 28. Xo writ of error shall be brought upon any 
judgment heretofore confessed, entered or rendered, or upon 
any judgment hereafter to be confessed, entered or rendered, 
but within five years after the confessing, entering or rendering 
thereof; unless the person entitled to such writ be an infant, 
feme covert, non compos mentis or a prisoner, and then within 
five years exclusive of the time of such disability. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 29, as fol- 
lows : 

Section 29. The Prothonotary of the Superior Court may 
issue process, take recognizances of bail and enter judgments,, 
according to law and the practice of the court. No judgment 
in one county shall bind lands or tenements in another, until 
a testatum fieri facias being issued, shall be entered of record 
in the office of the prothonotary of the county wherein the 
lands or tenements are situate. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 30, as fol- 
lows : 

Section ^o. The General Asembly may by law give to 
any inferior courts by them established or to be established, or 
to one or more justices of the peace, jurisdiction of the crimi- 
nal matters following, that is to say: assaults and batteries, 
keeping without license a public house of entertainment, tav- 
ern, inn, ale house, ordinary or victualing house, retailing or 
selling without license, or on Sunday, or to minors, wine, rum, 
brandy, gin, whiskey, or spirituous or mixed liquors, contrary 
to law, carrying concealed a deadly weapon, disturbing meet- 
ings held for the purpose of religious worship, nuisances, and 
such other misdemeanors as the General Assemblv mav from 



3§9 

time to time, with the concurrence of two-thirds of all the mem- 
bers elected to each House, prescribed. 

The General Assembly may by law regulate this jurisdic- 
tion, and provide that the proceedings shall be with or without 
indictment oy grand jury, or trial by petit jury, and may 
grant or deny the privilege of appeal to the Court of General 
Sessions; provided, however, that there shall be an appeal to 
the Court of General Sessions in all cases in which the sentence 
shall be imprisonment exceeding one month, or a fine exceed- 
ing one hundred dollars. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 31. 

Air. Hearne moved to amend Section 31 by striking out 
in line four the word "four' 1 and insert in lieu thereof the word 
"seven." 

Mr. Clark moved that Section 31 be laid on the table for 
further consideration, 

Which motion Was Lost. 

Recurring to the amendment offered by Mr. Hearne, 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Cooch, Evans, Hearne, Horsey, Johnson. 

Nays — Messrs. Bradford, Burris, Cannon, Carlisle, Cav- 
ender, Clark, Dasey, Ellegood, Gilchrist, Hering, Martin, 
Moore, Murray, Richards, Saulsbury, Smithers, Spruance, 
Wright, Mr. President. 

Yeas, 5; nays, 19. 

So the question was decided in the negative, and the 
amendment was lost. 

Air. Burris moved the following substitute for Section 31 : 

Justices of the Peaee shall be elected by the several hun- 
dreds of the State for the term of four \ ears. 



390 
Which motion Was Lost. 

Recurring to the original motion for the adoption of Sec- 
tion of 31, it prevailed, 

And Section 31 was adopted, as follows: 

Section 31. There shall be appointed, as hereinafter pro- 
vided, such number of persons to the office of Justice of the 
Peace as shall be directed by law, who shall be commissioned 
for four years. 

Mr. Bradford moved to amend Section 32 by striking out 
in line five the word "three-fifths" and inserting in lieu thereof 
the words "a majority," 

Which motion Prevailed. 

Air. Bradford moved the adoption of Section 32, as 
amended, as follows: 

Section 32. Justices of the Peace and the judges of such 
courts as the General Assembly may establish pursuant to the 
provisions of Section 1 or Section 30 of this Article shall be ap- 
pointed by the Governor, by and with the consent of a majority 
of all the members elected to the Senate, for such terms as shall 
be fixed by this Constitution or by law. 

The motion Prevailed. 

Air. Bradford moved the adoption of Section 33, as fol- 
lows : 

Section 33. The Registers of Wills of the several counties 
shall respectively hold the Register's Court in each county. 
Upon the litigation of a cause -the depositions of the witnesses 
examined shall be taken at large in writing and make part of 
the proceedings in the cause. This court may issue process 
throughout the State. Appeals may be taken from a Regis- 
ter's Court to the Superior Court, whose decision shall be 
final. In cases where a Register of Wills is interested in ques- 
tions concerning the probate of wills, the granting of letters of 
administration, or executors' or administrators' accounts, the- 



39i 

cognizance thereof shall belong to the Orphans' Court, with 
an appeal to the Superior Court, whose decision shall be final. 

The motion Prevailed. 

Mr. Bradford moeved the adoption of Section 34, as fol- 



low 



Section 34. An executor or administrator shall file 
eveiy account with the Register of Wills for the county, who 
shall, as soon as conveniently may be, carefully examine the 
particulars with the proofs thereof, in the presence of such ex- 
ecutor or administrator, and shall adjust and settle the same 
according to the right of the matter and the law of the 
land ; which account so settled shall remain in his office for in- 
spection; and the executor or administrator shall within three 
months after such settlement give notice in writing to all per- 
sons entitled to shares of the estate, or to their guardians, res- 
pectively, if residing within the State, that the account is 
lodged in the said office for inspection. 

Exceptions may be made by persons concerned to both 
sides of every such account, either denying the justice of the al- 
lowances made to the accountant or alleging further charges 
against him ; and the exceptions shall be heard in the Orphans' 
Court for the county; and thereupon the account shall be ad- 
justed and settled according to the right of the matter and law 
of the land. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 35, as fol- 
lows: 

Section 35. The style in all process and public acts shall 
be the THE STATE OF DELAWARE. Prosecutions shall 
be carried on in the name of the State. 

The motion Prevailed. 

Mr. Martin moved an additional Section to Article IV, to 
be properly numbered, viz: 

Section — . The Governor may for any reasonable cause. 
in his discretion, remove any Fudge or [ustice of the Peace, on 



392 

the address of two-thirds of all the members elected to each 
House of the General Assembly. In all cases where the Gen- 
eral Assembly shall so address the Governor the cause of re- 
moval shall be entered on the journals of each House. The 
person against whom the General Assembly may be about to 
proceed, shall receive notice thereof, accompanied with the 
cause alleged for his removal, at least ten days before the day 
on which either House of the General Assembly shall act 
thereupon. 

Pending its consideration a motion to adjourn until 2.30 
o'clock, p. m., prevailed. 



Same Day, 2.30 o'clock, p. m. 
Convention met pursuant to adjournment. 

Recurring to the motion by Mr. Martin for an additional 
Section to Article IV, 

Which motion Was Lost. 

Mr. Bradford moved that the Article commencing on 
page 45 and ending on page 63 with Sections 1 to 35 inclusive, 
be adopted as the whole, as amended, and known as Article 
IV, title Judiciary. 

Which motion Prevailed. 

Mr. Cooch moved to take up for consideration Article II, 
title Legislature, 

Which motion Prevailed. 

Mr. Cooch moved the adoption of Section 1, as follows: 

Section 1. The legislative power of this State shall be 
vested in a General Assembly, which shall consist of a Senate 
and House of Representatives. 

The motion Prevailed. 



393 

Mr. Cooch moved the adoption of lines one, two and three 
to and including the word "years" of Section 2, as follows: 

Section 2. The House of Representatives shall be com- 
posed of thirty-five members, who shall be chosen for two 
years. 

The motion Prevailed. 

Mr. Cooch moved the adoption of the remainder of line 
three and all of line four of Section 2, as follows: 

The Senate shall be composed of seventeen members, who 
shall be chosen for four years. 

Mr. Martin moved to amend by striking out in line four 
the word "seventeen" and inserting in lieu thereof the word 
"fifteen," 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Cooper, Ellegood, Hearne, Horsey, Her- 
ing, Martin. 

Nays — Messrs. Bradford, Burris, Cannon, Carlisle, Cav- 
ender, Clark, Cooch, Dasey, Donahoe, Evans, Gilchrist, Har- 
man, Johnson, Moore, Murray, Pratt, Richards, Saulsbury, 
Smithers, Spruance, Wright, Mr. President. 

Yeas, 6; nays, 22. 

So the question was decided in the negative, and the 
amendment lost. 

Recurring to the original motion, which was adopted. 

Mr. Cooch moved the adoption of lines five to twenty in- 
clusive, of Section 2, as follows: 

The State is hereby divided into thirty-five Representative 
Districts, from each of which shall be chosen, by the qualified 
electors thereof, one Representative. In New Castle County 
there shall be fifteen Representative Districts, numbered from 
one to fifteen inclusive: in Kent County, ten Representative 
Districts, numbered from one to ten inclusive; and in Sussex 



394 

County, ten Representative Districts, numbered from one to 
ten inclusive. The State is also hereby divided into seventeen 
Senatorial Districts, from each of which shall be chosen, by 
the qualified electors thereof, one Senator. In New Castle 
County there shall be seven Senatorial Districts, numbered 
from one to seven inclusive; in Kent County, five Senatorial 
Districts, numbered form one to five inclusive; and in Sussex 
County, five Senatorial Districts, numbered from one to five 
inclusive. 

The motion Prevailed. 

Mr. Cooch moved the adoption of lines twenty-one to 
fifty-eight inclusive of Section 2, as follows: 

The Representative Districts in New Castle County are 
and shall be as follows: 

Number One. All that portion of the City of Wilming- 
ton included within the Second and Fourth Wards, and those 
parts of the Sixth and Eighth Wards, respectively, lying south 
of and bounded by the central line of Eighth street. 

Number Two. All that portion of the said city included 
within the Ninth Ward, and those parts of the Sixth and 
Eighth Wards, respectively, lying north of and bounded by the 
central line of Eighth street. 

Number Three. All that portion of the said city included 
within the Seventh Ward, and that part of the Fifth Ward 
lying north of and bounded by a straight line including the 
central line of Eighth street. 

Number Four. All that portion of the said city included 
within the First and Third Wards, and that part of the Fifth 
Ward lying south of and bounded by the central line of Eighth 
street, east of and bounded by the central line of Adams street, 
and west of and bounded by the central line of 'Market street. 

Number Five. All that portion of the said city included 
within the Tenth, Eleventh and Twelfth Wards, and that part 
of the Fifth Ward lying south of and bounded by a straight 
line including the central line of Eighth street, west of and 



395 

bounded by the central line of Adams street, and bounded on 
the west by the westerly boundary line of the said city. 

Number Six. Brandywine Hundred. 

Number Seven. Christiana Hundred. 

Number Eight. Mill Creek Hundred. 

Number Nine. White Clay Creek Hundred. 

Number Ten. New Castle Hundred. 

Number Eleven. Pencader Hundred. 

Number Twelve. Red Lion Hundred. 

Number Thirteen. St. Georges Hundred. 

Number Fourteen. Appoquinimink Hundred. 

Number Fifteen. Blackbird Hundred. 

The motion Prevailed. 

Mr. Cooch moved the adoption of lines fifty-nine to one 
hundred and fifty inclusive of Section 2, as follows: 

The Representative Districts in Kent County are and 
shall be as follows: 

Number One. Duck Creek Hundred. 

Number Two. Little Creek Hundred and the First Elec- 
tion District of East Dover Hundred. 

Number Three. Kenton Hundred. 

Number Four. West Dover Hundred and all that por- 
tion of East Dover Hundred lying next to West 
Dover Hundred and separated from the rest of East Dover 
Hundred by the following boundary lines: beginning at 
the middle of the public road leading from the Horsehead road 
to Kenton at the point of intersection of Kenton Hundred and 
East Dover Hundred, thence running along the middle 
of the said road to the Horsehead road, thence running in a 
westerly direction along the middle of the said Horse- 
head road a short distance to a short road leading" from the 



396 

said Horsehead road to the road from Dover to Hazlettville, 
known as the Hazlettville road, thence running along the 
middle of the said short road from the Horsehead road to the 
said Hazlettville road, thence running in a westerly direction 
along the middle of the said Hazlettville road a short dis- 
tance to the road leading therefrom to Wyoming, thence run- 
ning along the middle of the said road leading from the 
said Hazlettville road to Wyoming to the point of intersection 
of East Dover Hundred and North Murderkill Hundred. 

Number Five. All that portion of East Dover Hundred 
not included in Districts numbers two and four. 

Number Six. Parts of North Murderkill, South Mur- 
derkill and Mispillion Hundreds included within the fol- 
lowing boundary lines: beginning at the intersection of 
the southern line of South Muderkill Hundred with the 
State of Maryland, thence running along the division 
line between Mispillion Hundred and South Murderkill 
Hundred to the public road leading from Whiteleys- 
burg to Harrington, thence running in a southeasterly and 
easterly direction along the middle of said public road to 
the public road leading from Masten's Corner to Vernon, at or 
near White's Church, thence running in a northeasterly direc- 
tion along the middle of the said public road leading from 
Masten's Corner to Vernon a short distance to the public road 
leading therefrom to the town of Harrington, being a continu- 
ation of the road leading from Whiteleysburg to Harrington, 
thence running in a southeasterly direction to the intersection 
of West street in the town of Harrington, thence running in a 
northerly direction along the middle of said West street 
to the middle of Wolcott street in said town of Harrington, 
thence running in an easterly direction along the middle 
of said Wolcott street to the middle of Dorman street in said 
town of Harrington, thence running in a northerly direction 
along the middle of said Dorman street to Brown's 
Branch, thence running in an easterly direction with the 
course of said branch to the Delaware railroad, thence running 
in a northerly direction along said Delaware railroad to 
Beaver Dam Branch in South Murderkill Hundred, thence 
following the course of said Beaver Dam Branch in a north- 
westerly direction to the public road leading from Felton to 



397 

Whiteleysburg, thence running- in a northeasterly direction 
along the middle of the said public road from Felton to 
Whiteleysburg to the Owl's Nest road, thence running in a 
northerly direction along the middle of the said Owl's 
Nest road to the intersection of the Cowgill road from Wood- 
side to Petersburg, thence running in a northeasterly direction 
along the middle of the said Cowgill road to the Reed 
road running from Woodside to DuPont's school house, 
thence running in a northwesterly direction along the mid- 
dle of the said Reed road to DuPont's school house, thence 
running in a northerly direction along the middle of the 
public road leading from Willow Grove to Camden a short dis- 
tance to Stubb's Corner, thence running in a westerly and 
northwesterly and westerly direction along the middle of 
the public road leading from DuPont's school house to the 
Almshouse to Gray's corner, thence continuing in a direct 
westerly line to the southern boundary line of West Dover 
Hundred, thence following the southern boundary line of West 
Dover Hundred in a westerly direction to the State of Mary- 
land, thence running in a southerly direction along the 
eastern boundary line of the State of Maryland to the place of 
beginning. 

Number Seven. All that portion of North Murderkill 
Hundred not included in District number six. 

Number Eight. All that portion of South Murderkill 
Hundred not included in District number six. 

Number Nine. All that portion of Mispillion Hundred 
not included in District number six. 

Number Ten. Milford Hundred. 

Mr. Cooper moved to amend by striking out all of Num- 
ber Four after the word "Hundred" in line sixty-five to and in- 
cluding line eighty-five. 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Cooper, Horsey, Pratt. 

Navs — Messrs. Bradford, Burris, Cannon, Carlisle, Cav- 



39^> 

ender, Clark, Dasey, Ellegood, Gilchrist, Harman, Hearne, 
Hering, Moore, Murray, Richards, Saulsbury, Smithers, Spru- 
ance, Wright, Mr. President. 

Yeas, 3; nays, 20. 

So the question was decided in the negative, and the 
amendment was lost. 

Recurring to the original motion, it was adopted. 

Mr. Hearne moved the adoption of lines one hundred and 
fifty-one to one hundred and eighty inclusive of Section 2, as 
follows : 

lows : 

The Representative Districts in Sussex County are and 
shall be as follows: 

Number One. Cedar Creek Hundred. 

Number Two. All that portion of Nanticoke Hundred 
which lies north and west of Gravelly Branch, beginning at a 
point where the said Gravelly Branch intersects the dividing- 
line between Georgetown and Nanticoke Hundreds and run- 
ning in a southwesterly course to what was formerly known as 
Rest's Old Mill, thence along said branch to what was former- 
ly known as Collins' Mills, to its mouth being at the head of 
Middleford Mill Pond; together with North West Fork Hun- 
dred. 



Number Three. All that portion of Nanticoke Hundred 
which lies south and west of said Gravelly Branch, beginning 
at a point where the said Gravelly Branch intersects the divid- 
ing line between Nanticoke and Georgetown Hundreds, run- 
ning in a southwesterly course to what was formerly known as 
Rest's Old Mill, thence along the said branch to what was 
formerly known as Collins' Mills, to its mouth at the head of 
Middleford Mill Pond; together with Seaford Hundred. 

Number Four. Broad Creek Hundred. 

Number Five. Little Creek Hundred. 

Number Six. Dagsboro and Gumboro Hundreds. 



399 
Number Seven. Baltimore Hundred. 
Number Eight. Indian River Hundred. 
Number Nine. Georgetown Hundred. 

Number Ten. Broadkiln and Lewes and Rehoboth Hun- 
dreds. 

Air. Martin moved to amend by striking out lines one 
hundred and sixty-four to one hundred and seventy-two inclu- 
sive, excepting the words "number three" in line one hundred 
and sixty-four and the words "Seaford Hundred" in line one 
hundred and seventy-two, and adding after the word "Hun- 
dred" in line one hundred and seventy-three the following: 

And all that portion of Nanticoke Hundred which lies 
south and west of said Gravelly Branch, beginning at a point 
where the said Gravelly Branch intersects the dividing line 
between Nanticoke and Georgetown Hundreds, running in a 
southwesterly course to what was formerly known as Rest's 
Old Mill, thence along the said branch to what was formerly 
known as Collins' Mills, to its mouth at the head of Middleford 
Mill Pond. 

The amendment Was Lost. 

Mr. Richards moved to amend by striking out the word 
"west" in line one hundred and sixty-five and inserting in lieu 
thereof the word "east," 

Which amendment Was Adopted. 

Recurring to the original motion, as amended, it was 
adopted. 

Mr. Bradford moved the adoption of lines one hundred 
and eighty-one to two hundred and four inclusive of Section _\ 
as follows: 

The Senatorial Districts in New Castle County arc and 
shall be as follows: 

Number One. All that portion of the City of Wilming- 
ton lying north of and bounded by a straight line including the 



400 

central line of Eighth street extending from the Delaware 
River to the westerly boundary of the said city. 

Number Two. All that portion of the said city lying 
south of and bounded by the straight line aforesaid including 
the central line of Eighth street. 

Number Three. Brandy wine Hundred, together with all 
that portion of Christiana Hundred lying north of and bound- 
ed by the central line of the Lancaster Turnpike. 

Number Four. Mill Creek Hundred, together with all 
that portion of Christiana Hundred lying south of and bounded 
by the central line of the Lancaster Turnpike. 

Number Five. White Clay Creek Hundred, Red Lion 
Hundred and New Castle Hundred. 

Number Six. Pencader Hundred and St. Georges Hun- 
dred. 

Number Seven. Appoquinimink Hundred and Blackbird 
Hundred. 

The motion Prevailed. 

Mr. Bradford moved the adoption of lines two hundred 
and five to two hundred and sixteen inclusive of Section 2, as 
follows : 

The Senatorial Districts in Kent County are and shall be 
as follows : 

Number One. The first and second Representative Dis- 
tricts. 

Number Two. The third and fourth Representative Dis- 
tricts. 

Number Three. The fifth and seventh Representative 
Districts. 

Number Four. The sixth and ninth Representative Dis- 
tricts. 

Number Five. The eighth and tenth Representative Dis- 
tricts. 



4-OI 

The motion Prevailed. 

Air. Bradford moved the adoption of lines two hundred 
and se\ r enteen to two hundred and twenty-eight inclusive, of 
Section 2, as follows: 

The Senatorial Districts in Sussex County are and shall 
be as follows : 

Number One. The first and second Representative Dis- 
tricts. 

Number Two. The third and fourth Representative Dis- 
tricts. 

Number Three. The fifth and sixth Representative Dis- 
tricts. 

Number Four. The seventh and eighth Representative 
Districts. 

Number Five. The ninth and tenth Reuresentative Dis- 
tricts. 

The motion Prevailed. 

Mr. Bradford moved the adoption of lines two hundred 
and tweney-nine to two hundred and ninety inclusive, of Sec- 
tion 2, as follows: 

All territory which shall hereafter be added to and in- 
cluded within the City of Wilmington shall become part of the 
Representative Districts in New Castle County as follows: 

All lying east of a straight line including the central line 
of Market street, below Eighth street, as the said two streets 
now exist, and south of a straight line including the central line 
of Eighth street, as the same now exists, shall become part of 
Representative District number one. 

All lying north of a straight line including the central line 
of Eighth street, as the same now exists, extending from the 
northeasterly side of Brandywine Creek to the Delaware River, 
or north of the Brandywine Creek, west wardly from the point of 
intersection of the said straight line with the northeasterly side 

26-c 



402 

of the said creek, shall become part of Representative District 
number two. 

All lying north of a straight line including the central line 
of Eighth street, as the same now exists, south of the Brandy- 
wine Creek, and west of the central line of Market street, as 
the same now exists, shall become part of Representative Dis- 
trict number three. 

All lying between a straight line including the central line 
of Market street extended southerly and a straight line includ- 
ing the central line of Washington street extended southerly 
shall become part of Representative District number four. 

All lying south of a straight line including the central line 
of Eighth street, as the same now exists, and west of a straight 
line including the central line of Washington street, as the 
same now exists, shall become part of Representative District 
number five. 

In case of any change in the boundary line between this 
State and the State of Pennsylvania any of the said Senatorial 
and Representative Districts in Xew Castle County affected 
thereby shall conform to any new boundary line between the 
said States. 

All territory which shall hereafter be added to and in- 
cluded within the City of Wilmington shall become part of the 
Senatorial Districts in Xew Castle County as follows : 

All lying north of a straight line including the central line 
of Eighth street, extended from the Delaware River westward- 
ly, shall become part of Senatorial District number one. 

All lying south of a straight line including the central line 
of Eighth street, extended from the Delaware River westward- 
ly, shall become part of Senatorial District number two. 

Whenever by the extension of the limits of the City of 
Wilmington territory forming part of any Representative or 
Senatorial District, as hereby established, shall be included 
within the limits of the said city, such Representative or Sena- 
torial District shall thereafter consist of the residue thereof, not 
so included within said limits. 



403 

The several Representative and Senatorial Districts in the 
State shall, except as herein .otherwise provided, continue to 
be bounded, described and defined by the lines of the hundreds, 
wards, election district, public roads, railroad and other bound- 
aries herein mentioned, as the same are now established and 
located. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 3, as follows: 

Section 3. No person shall be a Senator who shall not 
have attained the age of twenty-seven years and have been a 
citizen and inhabitant of the State three years next preceding 
the day of his election, and the last year of that term an inhabi- 
tant of the Senatorial District in which he shall be chosen, un- 
less he shall have been absent on the public business of the 
United States or of this State. No person shall be a Repre- 
sentative who shall not have attained the age of twenty-four 
years and have been a citizen and inhabitant of the State three 
years next preceding the day of his election, and the last year 
of that term an inhabitant of the Representative District in 
which he shall be chosen, unless he shall have been absent on 
the public business of the United States or of this State. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 4, as follows: 

Section 4. The General Assembly shall meet on the 
first Tuesday of January, biennially, and at such other times 
as the Governor shall convene the same. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 5. as follows: 

Section 5. The General Assembly shall meet and sit in 
Dover, the capital of the State; provided, however, that in case 
of insurrection, conflagration or epedemic disease the General 
Assembly may temporarily meet and sit elsewhere. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 6, as follows: 



4°4 

Section 6. Whenever there shall be a vacancy in either 
House of the General Assembly, by reason of failure to elect,, 
ineligibility, death, resignation or otherwise, a writ of election 
shall be issued by the presiding officer of the House in which 
the vacancy exists, or in cases of necessity in such other man- 
ner as shall be provided by law; and the person thereupon 
chosen to fill such vacancy shall hold office for the residue of 
the term. And whenever there shall be such vacancy in either 
House, and the General Assembly is not in session, the Gov- 
ernor shall have power to issue a writ of election to fill such 
vacancy, which writ shall be executed as a writ issued by the 
presiding officer of either House in case of vacancy, and the 
person thereupon chosen to fill such vacancy shall hold office 
for the residue of the term. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 7, as follows: 

Section 7. The Senate at each biennial session shall 
choose one of its members President pro tempore, who shall 
preside in the absence of the Lieutenant Governor, or in case 
the latter shall become Governor or while he continues in the 
exercise of the office of Governor by reason of disability of the 
Governor. The Senate shall also choose its other officers, and 
in the absence of the Lieutenant Governor and its President 
pro tempore may, from time to time as occasion may require, 
appoint one of its members to preside. The House of 
Representatives shall choose one of its members Speaker and 
also choose its other officers, and in the absence of the Speaker 
may, from time to time as occasion may require, appoint one of 
its members to preside. 

The motion Prevailed. 

Air. Bradford moved the adoption of Section 8, as follows:. 

Section 8. Each House shall be the judge of the elec- 
tions, returns, and qualifications of its own members; and a 
majority of all the members elected to each House shall consti- 
tute a quorum to do business; but a smaller number may ad- 
journ from day to day, and shall have power to compel the at- 



405 

tendance of absent members, in such manner, and under such 
penalties, as shall be deemed expedient. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 9, as follows: 

Section 9. Each House may determine the rules of its 
proceedings, punish any of its members for disorderly behav- 
ior, and with the concurrence of two-thirds of all the members 
elected thereto expel a member, and shall have all other pow- 
ers necessary for a branch of the Legislature of a free and in- 
dependent State. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 10, as fol- 
lows: 

Section 10. Each House shall keep a journal of its pro- 
ceedings, and publish the same immediately after every session, 
except such parts as may require secrecy, and the yeas and 
nays of the members on any question shall, at the desire of any 
member, be entered on the journal. No bill or joint resolu- 
tion, except in relation to adjournment, shall pass either House 
unless the final vote shall have been taken by yeas and nays, 
and the names of the members voting for and against' the same 
shall be entered on the journal, nor without the concurrence 
of a majority of all the members elected to each House. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 11, as fol- 
lows : 

Section 11. The doors of each House, and of Committees 
of the Whole, shall be open unless when the business is such 
as ought to be kept secret. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 12, as fol- 
lows : 

Section 12. Neither 1 louse shall, without the consent of 
the other, adjourn for more than three days, nor to any other 
place than that in which the two Houses shall be sitting. 



406 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 13, as fol- 
lows : 

Section 13. The Senators and Representatives shall, in all 
cases, except treason, felony or breach of the peace, be privil- 
eged from arrest during their attendance at the session of 
their respective Houses, and in going to and returning from 
the same; and for any speech or debate in either House they 
shall not be questioned in any other place. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 14, as fol- 
lows : 

Section 14. Xo Senator or Representative shall, during 
the time for which he shall have been elected, be appointed to 
any civil office under this State which shall have been created, 
or the emoluments of which shall have been increased, during 
such time. Xo member of Congress, nor any person holding 
any office under this State, or the United States, except officers 
usually appointed by the courts of justice respectively, attor- 
neys-at-law and officers in the militia, holding no disqualifying 
office, shall during his continuance in Congress or in office be 
a Senator or Representative; nor shall any person while con- 
cerned in any army or navy contract be a Senator or Repre- 
sentative. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 15. 

Mr. Bradford moved to amend by striking out in line ten 
the word "twenty" and inserting in lieu thereof the word 
"thirty," 

Which amendment Prevailed. 



Mr. Cavender moved to amend by striking out in line 
seventeen the word "one" and inserting in lieu thereof the 
word "regular" and also add to line seventeen "or ten dollars 
for a special session." 



407 

Mr. Spruance moved to strike out lines fifteen, sixteen and 
seventeen, with the proposed amendment of Air. Cooper. 

Pending the consideration a motion to adjourn until to- 
morrow at 10.30 o'clock, a. m., prevailed. 



. 



4-oS 



Thursday, May 13, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 
Prayer by the Rev. H. G. Vincent. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Donahoe, Ellegood, Evans, Gilchrist, Harman, Hearne, 
Horsey, Hering, Martin, Moore, Murray, Orr, Pratt, Rich- 
ards, Sapp, Saulsbury, Smithers, Spruance, Wright, Mr. 
President. 

Journal read and approved. 

Mr. Saulsbury presented bill of Dover Post Office for 
$26.00, which, upon his motion was referred to Committee on 
Accounts. 

Mr. Donahoe presented bill of "The Electric Press" for 
$14.00, which, upon his motion was referred to Committee on 
Accounts. 

Upon motion of Mr. Gilchrist, Mr. Ellegood was granted 
leave of absence. 

Recurring to the pending amendment of Mr. Spruance, 
by unanimous consent, he was permitted to withdraw all that 
portion of his amendment except, striking out lines fifteen, six- 
teen and seventeen, of Section 15. 

The yeas and nays were ordered, which, being taken, were 
as follows : 

Yeas — Messrs. Bradford, Burris, Martin, Murray, Rich- 
ards, Saulsbury, Smithers, Spruance. 

Xays- — Messrs. Cannon, Carlisle, Cavender, Clark, Cooch, 



409 

Cooper, Dasey, Donahoe, Evans, Gilchrist, Hearne, Horsey, 
Hering, Orr, Pratt, Sapp, Wright, Mr. President. 

Yeas, 8; nays, 18. 

So the question was decided in the negative, and the 
amendment was lost. 

Recurring to the amendment of Mr. Cavender, to strike 
out in line seventeen the word "one" and insert the word 
"regular" in lieu thereof, and to add after the word "session," 
"or the sum of ten dollars for any special session," 

Which amendment Prevailed. 

Mr. Spruance moved to amend Section 15 by striking out 
in lines five and six the words "for each day of the session not 
exceeding sixty clays," and insert in lieu thereof "for each day 
of actual attendance during the period of sixty days from the 
commencing of the session." 

Mr. Clark moved as a substitute, the following: 

No member of the General Assembly shall be allowed for 
any day that the General Assembly is not in session and shall 
be allowed sixty days actual sitting. 

Mr. Bradford moved that Section 15 and pending amend- 
ments be laid on -the table for further consideration. 

Mr. Saulsbury moved that Mr. Cavender have the privi- 
lege of the floor, 

Which motion Prevailed. 

Recurring to Mr. Bradford's motion, it prevailed. 

Mr. Bradford moved the adoption of Section 16, as fol- 
lows : 

Section 16. No bill or joint resolution, except bills appro- 
priating money for public purposes, shall embrace more than 
one subject, which shall be expressed in its title. 

The motion Prevailed. 

Mr. Bradford moved the adoption oi Section 17. 



410 

Air.* Spruance moved to amend Section 17, by inserting in 
line one between the words "tickets" and "poor' the word 
"and", and by striking out in line two the words "and all other 
forms of gambling.'' 

Mr. Cooch moved for the previous question, 

Which motion Was Lost. 

Pending consideration a motion to adjourn until 2.30 
o'clock, p. m., prevailed. 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

Air. Saulsbury submitted bill of George P. Jarrell for 
$1.80, which, upon his motion was referred to the Committee 
on Accounts. 

Air. Saulsbury, from the Committee on Accounts, sub- 
mitted the following report: 

The Committee on Accounts, to whom were referred two 
bills of Joshua D. Deane, and bills of Clark & AIcDaniel, 
Thomas M. Gooden, Postmaster, "The Electric Press" and 
George P. Jarrell, recommends the adoption of the following 
resolution : 

Resolved, that the President of the Convention be and he 
is hereby authorized to draw warrants upon the State Treas- 
urer on account of the current expenses of the Convention, as 
follows: In favor of Joshua D. Deane, $302.27, for news- 
papers; Clark & AIcDaniel, $20.64, f° r supplies; Thomas M. 
Gooden, Postmaster, $26.00, for postage stamps; "The Elec- 
tric Press," $14.00, for printing; George P. Jarrell, $1.80, for 
Welshback Mantles. • 

Air. Saulsbury moved the report be accepted and the reso- 
lution adopted. 

The motion Prevailed. 



4ii 

Recurring to the pending motion to amend Section 17. 

On motion of Mr. Saulsbury the privilege of the floor was 
extended to Mr. Spruance for the third time. 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Carlisle, Donahoe, Martin, Smithers, 
Spruance. 

Nays — Messrs. Bradford, Burris, Cannon, Cavender, 
Clark, Cooch, Cooper, Dasey, Gilchrist, Harman, Hearne, 
Horsey, Moore, Murray, Orr, Pratt, Richards, Sapp, Sauls- 
bury, Wright, Mr. President. 

Yeas, 5; nays, 21. 

So the question was decided in the negative, and the 
amendment declared lost. 

Mr. Spruance moved to amend Section 17 by inserting 
between the words "gambling" and "are" in line two the fol- 
lowing words, "of an immoral or corrupting character." 

The yeas and nays wore ordered, which, being taken, were 
as follows : 

Yeas — Messrs. Donahoe, Hering, Martin, Pratt, Sauls- 
bury, Smithers, Spruance. 

Nays — Messrs. Bradford, Burris, Cannon, Carlisle, Cav- 
ender, ,Cooch, Cooper, Dasey, Gilchrist, Harman, Hearne, 
Horsey, Moore, Murray, Orr, Richards, Sapp, Wright, Mr. 
President. 

Yeas, 7; nays, 19. 

So the question was decided in the negative, and the 
amendment declared lost. 

Recurring to the original motion to adopt Section 17. 

The motion Prevailed. 

And Section 17 was adopted, as foIVnvs: 



4 I2 

Section 17. Lotteries, the sale of lottery tickets, pool- 
selling and all other forms of gambling are prohibited in this 
State. The General Assembly shall enforce this section by ap- 
propriate legislation. 

Mr. Bradford moved the adoption of Section 18. as fol- 
lows : 

Section 18. Xo divorce shall be granted, nor alimony 
allowed, except by the judgment of a court, as shall be pre- 
scribed by general and uniform law. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 19, as fol- 
lows : 

Section 19. The General Assembly shall not pass any 
local or special law relating to fences ; the straying of live stock; 
ditches; the creation or changing the boundaries of school dis- 
tricts: or the laying out, opening, alteration, maintenance or 
vacation, in whole or in part, of any road, highway, street, lane 
or alley. 

The motion Prevailed. 

Mr, Bradford moved the adoption of Section 20, as fol- 
lows : 

Section 20. Any member of the General Assembly who 
has a personal or private interest in any measure or bill pend- 
ing in the General Assembly shall disclose the fact to the 
House of which he is a member and shall not vote thereon. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 21, as fol- 
lows : . 

Section 21. Xo person who shall be convicted of embez- 
zlement of the public money, bribery, perjury or other infa- 
mous crime, shall be eligible to a seat in either Blouse of the 
General Assembly, or capable of holding any office of trust, 
honor or profit under this State. 

The motion Prevailed. 



low 



413 

Mr. Bradford moved the adoption of Section 22, as fol- 



Section 22. Every person who shall give, offer or prom- 
ise, directly or indirectly, any money, testimonial, privilege, 
personal advantage or. thing of value to any executive or judi- 
cial officer of this State or to any member of either House of 
the General Assembly for the purpose of influencing him in 
the performance of any of his official or public duties shall be 
deemed guilty of bribery, and shall be punished in such man- 
ner as shall be provided by law. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 23, as fol- 
lows: 

Section 23. Every statute shall be a public law unless 
otherwise declared in the statute itself. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 24, as fol- 
lows: 

Section 24. The State Treasurer shall settle his accounts 
annually with the General Assembly or a joint committee 
thereof, which shall be appointed at every biennial session. No 
person who has served in the office of State Treasurer shall be 
eligible to a seat in either House of the General Assembly un- 
til he shall have made a final settlement of his accounts as 
treasurer and discharged the balance, if any, due thereon. 

The motion Prevailed. 

Mr. Clark moved that Section 15, of Article II, be now 
taken up for further consideration, 

Which motion Was Lost. 

Mr. Cooch moved to take up for consideration Article VI, 

Which motion Prevailed. 

Mr. Cooch moved the adoption of Section 1. Article VI, 
as follows: 



414 

Section i. The House of Representatives shall have the 
sole power of impeaching; but two-thirds of all the members 
must concur in an impeachment. All impeachments shall be 
tried by the Senate, and when sitting for that purpose, the Sen- 
ators shall be upon oath or affirmation to do justice according 
to the evidence. Xo person shall be convicted without the 
concurrence of two-thirds of all the Senators. 

On the trial of an impeachment against the Governor or 
Lieutenant Governor, the Chief Justice, or, in case of his ab- 
sence or disability, the Chancellor shall preside; and on the 
trial of all other impeachments the President of the Senate 
shall preside. 

The motion Pre\^ailed. 

Mr. Cooch moved the adoption of Section 2, Article VI, 
as follows : 

Section 2. The Governor and all other civil officers un- 
der this State shall be liable to impeachment for treason, brib- 
ery, or any high crime or misdemeanor in office. Judgment in 
such cases shall not extend further than to removal from 
office, and disqualification to hold any office of honor, trust or 
profit under this State; but the party convicted shall, neverthe- 
less, be subject to indictment, trial, judgment and punishment 
according to law. 

The motion Prevailed. 

Mr. Cooch moved the adoption of Section 3, Article VI, 
as follows : 

Section 3. Treason against this State shall consist only 
in levying war against it, or in adhering to the enemies of the 
Government, giving them aid and comfort. No person shall 
be convicted of treason, unless on the testimony of two wit- 
nesses to the same overt act, or on confession in open court. 

The motion Prevailed. 

Mr. Cooch moved that Article VI, as printed, be adopted 
as a whole, and to be known as Article VI, title Impeachments 
and Treason, 



415 

Which motion Prevailed. 

Mr. Hearne moved to take up Article VII for considera- 
tion, 

Which motion Prevailed. 

Mr. Hearne moved the adoption of Section i, Article VII, 
as follows: 

Section i. The Governor shall have power to remit fines 
and forfeitures and to grant reprieves, commutations of sen- 
tence and pardons, except in cases of impeachment; but no 
pardon, or reprieve for more than six months, shall be granted, 
nor sentence commuted, except upon the recommendation in 
writing of a majority of the Board of Pardons after full hear- 
ing; and such recommendation, with the reasons therefor at 
length, shall be filed and recorded in the office of the Secretary 
of State, who shall forthwith notify the Governor thereof. 

Pie shall fully set forth in writing the grounds of all re- 
prieves, pardons and remissions, to be entered in the register 
of his official acts and laid before the General Assembly at its 
next session. 

The motion Prevailed. 

Mr. Hearne moved the adoption of Section 2, Article VII, 
as follows : 

Section 2. The Board of Pardons shall be composed of 
the Chancellor, Lieutenant Governor, Secretary of State, State 
Treasurer and Auditor of Accounts. 

The motion Prevailed. 

Mr. Plearne moved the adoption of Section 3, Article VII, 
as follows : 

Section 3. The said board may require information from 
the Attorney General upon any subject relating to the duties 
of said board. 

The motion Prevailed. 

Mr. Hearn moved that Article VII, as printed be 
adopted as a whole, and known as Article \'ll. title Pardons. 



416 

Which motion Prevailed. 

Mr. Pratt moved to take up for consideration Article 
VIII, Revenue and Taxation, 

Which motion Prevailed. 

Mr. Pratt moved the adoption of Section i, Article VIII, 
as follows : 

Section i. All taxes shall be uniform upon the same class 
of subjects within the territorial limits of the authority levying 
the tax, and shall be levied and collected under general laws, 
but the General Assembly may by general laws exempt from 
taxation such property as in the opinion of the General Assem- 
bly will best promote the public welfare. 

The motion Prevailed 

Mr. Pratt moved the adoption of Section 2, Article VIII, 
as follows : 

Section 2. All bills for raising revenue shall originate in 
the House of Representatives; but the Senate may propose al- 
terations as on other bills; and no bill from the operation of 
which, when passed into law, revenue may incidentally arise 
shall be accounted a bill for raising revenue; nor shall any mat- 
ter or clause whatever not immediately relating to and neces- 
sary for raising revenue be in any manner blended with or an- 
nexed to a bill for raising revenue. 

The motion Prevailed. 

Mr. Pratt moved the adoption of Section 3, Article VIII. 

Air. Spruance moved to amend Section 3 by striking out 
in line four the word "three-fourths'' and inserting in lieu 
thereof the word "two-thirds,'.' 

Which motion Was Lost. 

Recurring to the original motion for the adoption of Sec- 
tion 3, it prevailed, 

And Section 3 was adopted, as follows : 



4 i7 

Section 3. No money shall be borrowed or debt created 
by or on behalf of the State but pursuant to an act of the Gen- 
eral Assembly, passed with the concurrence of three- 
fourths of all the members elected to each House, except to 
supply casual deficiencies of revenue, repel invasion, sup- 
press insurrections, defend the State in war, or pay existing" 
debts; and any law authorizing the borrowing of money by or 
on behalf of the State shall specify the purpose for which the 
money is to be borrowed, and the money so borrowed shall be 
used exclusively for such purpose; but should the money so 
borrowed, or any part thereof, be left after the abandonment of 
such purpose or the accomplishment thereof, such money, or 
the surplus thereof, may be disposed of according to law. 

Mr. Pratt, moved the adoption of Section 4, Article VIII, 
as follows ; 

Section 4. No appropriation of the public money shall 
be made to, nor the bonds of this State be issued or loaned to 
any county, municipality or corporation, nor shall the credit of 
the State, by the guarantee or the endorsement of the bonds or 
other undertakings of any county, municipality or corporation, 
be pledged otherwise than pursuant to an Act of the General 
Assembly, passed with the concurrence of three-fourths of all 
the members to each House. 

The motion Prevailed. 

Mr. Pratt moved the adoption of Section 5, Article VIII. 

Mr. Clark moved to amend Section 5 by striking out in 
line one the word "shall" and inserting in lieu thereof the word 
"may." 

Mr. Cavender moved that Section 5 and the proposed 
amendment be laid on the table for further consideration, 

Which motion Prevailed. 

Mr. Pratt moved the adoption of Section 6, Article VIII, 
as follows : 

Section 6. No money shall be drawn from the treasury 
but pursuant to an appropriation made by Act of the General 
Assembly; provided, however, that the compensation of the 



4i8 

members of the General Assembly and all expenses connected 
with the session thereof may be paid out of the treasury pur- 
suant to resolution in that behalf; a regular account of the re- 
ceipts and expenditures of all public money shall be published 
annually. 

The motion Prevailed. 

Mr. Pratt moved to take up for consideration Section 7, 
of Article VIII. 

Mr. Pratt moved to strike out Section 7, of Article VIII. 

Pending the consideration a motion to adjourn until to- 
morrow 10.30 o'clock, a. m., prevailed. 



419 



Friday, May 14, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. J. H. Beauchamp. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, 
Donahoe, Ellegood, Gilchrist, Hearne, Horsey, Hering, John- 
son, Martin, Moore, Murray, Pratt, Richards, Sapp, Sauls- 
bury, Smithers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Horsey requested a leave of absence for the. first three 
days next week, which, upon motion by Mr. Ellegood, was 
granted. 

Recurring to the pending motion of Mr. Pratt to strike 
out Section 7, Article VIII, 

The motion Was Lost. 

Mr. Cavender moved the adoption of Section 7, Article 
VIII. 

Mr. Martin moved to amend Section 7 by striking out in 
line two the word "and" and inserting in lieu thereof the words 
"together with'' and in line seven the word "and" and inserting 
in lieu thereof the words "together with," 

Which amendment Was Lost. 

Mr. Pratt moved to amend Section 7, by striking out, be- 
ginning with the word "and" in line four, viz: 

"And in all assessments of the rental value of real estate 
for taxation, the rental value of the land and the rental value 
of the buildings and the improvements thereon shall be includ- 
ed," also the following words in line nine, "or of the rental 
value thereof for taxation." 



420 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Donahoe, Ellegood, Horsey, Pratt. 

Nays — Messrs. Bradford, Burris, Cannon, Carlisle, Cav- 
ender, Clark, Cooch, Dasey, Gilchrist, Hearne, Hering, Moore, 
Murray, Richards, Sapp, Saulsbury, Smithers, Spruance r 
Wright, Air. President. 

Yeas, 4; nays, 20. 

So the question was decided in the negative, and the 
amendment was lost. 

Recurring to the original motion for the adoption of Sec- 
tion 7, it prevailed. 

And Section 7 was adopted, as follows: 

Section 7. In all assessments of the value of real estate 
for taxation, the value of the land and the value of the build- 
ings and improvements thereon shall be included. And in all 
assessments of the rental value of real estate for taxation, the 
rental value of the land and the rental value of the buildings 
and the improvements thereon shall be included. The forego- 
ing provisions of this section shail apply to all assessments of 
the value of real estate or of the rental value thereof for taxa- 
tion for State, county, hundred, school, municipal or other 
public purposes. 

Air. Pratt moved the adoption of Section 8, as follows: 

Section 8. No county, city, town or other municipality 
shall lend its credit or appropriate money to, or assume the 
debt of, or become a shareholder or joint OAvner in or with any 
private corporation or any person or company whatever. 

The motion Prevailed. 

Air. Pratt moved Section 5, Article \ III, be taken from 
the table for consideration, 

Which motion Prevailed. 



4 2I 

By unanimous consent Mr. Clark withdrew his amend- 
ment to Section 5. 

Mr. Pratt moved the adoption of Section 5, as follows: 

Section 5. The General Assembly shall provide for levy- 
ing and collecting a capitation tax from every male citizen of 
the State of the age of twenty-one years or upwards ; but such 
tax to be collected in any county shall be uniform throughout 
that county, and such capitation tax shall be used exclusively 
in the county in which it is collected. 

The motion Prevailed. 

Air. Pratt moved the adoption of Article VIII as a whole 
to be known as Article VIII, title, Revenue and Taxation, 

Which motion Prevailed. 

Air. Horsey moved to take up for consideration Article 
XI, Agriculture, 

Which motion Prevailed. 

Mr. Martin submitted the following as a substitute in full 
for Article XI, Agriculture: 

Section 1. There shall be a department established and 
maintained, known as the State Board of Agriculture, which 
shall be possessed of and exercise all such powers as shall be 
conferred by the General Assembly for promoting immigra- 
tion to this State; for guarding against, preventing, and abat- 
ing, as far as possible, all contagions and infectious diseases in 
fruit trees, plants, vegetables, cereals and live stock: and for 
developing and promoting the agricultural interests of the 
Suite. ' 

Section 2. The General Assembly shall provide by law 
for defraying the expense properly incidental to the mainten- 
ance of this department, and the execution oi its powers as 
hereinbefore provided. 

And moved it be taken up for consideration. 

Mr. Clark moved to amend Mr. Martin's motion by offer- 
ing" the following as a substitute: 



422 

ARTICLE XL 

; AGRICULTURE. 

Section i. A department to be known as the Department 
of Agriculture shall be established and maintained as herein- 
after provided, which shall be possessed of and exercise all the 
such powers as shall be conferred upon it by the General As- 
sembly for promoting immigration to this State; for guarding 
against, preventing, and abating as far as possible all contag- 
ious and infectious diseases in fruit trees, plants, vegetables, 
cereals and live stock ; and for developing and promoting the 
agricultural interests of the State. 

Section 2. The powers and affairs of the said department 
shall be executed and administered by three Commissioners, 
one of whom shall reside in each of the counties of the State, 
and any two of whom shall constitute a quorum for the trans- 
action of business. The said commissioners shall be appoint- 
ed by the Governor, by and with the consent of a majority of 
all the members of the Senate, one for the term of one year, 
one for the term of two years, and one for the term of three 
years, and at the expiration of each of said terms, and there- 
after, each appointment shall be made for the term of three 
years, and they shall hold office until their successors are duly 
qualified: provided, that any vacancy occurring in the office 
before tlie expiring of the term shall be filled by appointment 
as aforesaid for the remainder of the term, and if such vacancy 
occurs when the Senate is not in session, the same maybe filled 
by the Governor without confirmation by the Senate until the 
end of the next session of the Senate. 

Section 3. The department established by this Article 
shall continue for eight years from the date of the first meeting- 
of the Commissioners ; but may be thereafter continued for 
such period as the General Assembly may provide by law. 

Section 4. The General Assembly shall prescribe the sal- 
ary of the Commissioners, and provide by law for the payment 
of the same, and for the expense properly incidental to the 
maintenance of the said department, and the execution of its 
powers as in this Article provided. 



423 

Mr. Spruance moved that Article XI, with the proposed 
substitutes, be laid on the table for further consideration, and 
that the proposed substitutes be printed. 

Which motion Was Lost. 

Mr. Cooch moved that Article XI, with proposed substi- 
tutes, be made a special order for this afternoon at 2.30 o'clock, 

Which motion Was Lost. 

Recurring- to the amendment to Mr. Martin's motion by 
Mr. Clark, by unanimous consent it was withdrawn. 

Recurring to Mr. Martin's motion on the proposed sub- 
stitute for Article XI, 

Which motion Was Lost. 

Mr. Bradford moved the adoption of Section 1 of Article 
XL 

Mr. Martin moved to substitute the following in lieu of 
Section 1 : 

"There shall be a department established and maintained 
known as the State Board of Agriculture, which shall be pos- 
sessed of and exercise all such powers as shall be conferred by 
the General Assembly for promoting immigration to this State; 
for guarding against, preventing and abating, as far as possi- 
ble, all contagious and infectious diseases in fruit trees, plants, 
vegetables, cereals and live stock, and for developing and pro- 
moting the agricultural interests of the State. 

The motion Was Lost. 

Recurring to the original motion for the adoption of Sec- 
tion 1, Article XI, it prevailed. 

And Section 1 was adopted, as follows: 

Section 1. There shall be a department established and 
maintained, known as the State Board of Agriculture. 

Mr. Bradford moved the adoption o\ Section 2, as fol- 
lows: 



4 2 4 

Section 2. The said board shall be composed of three 
Commissioners of Agriculture, one of whom shall reside in 
each county in the State. Any two of them shall constitute a 
quorum for the transaction of business. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 3, as fol- 
lows : 

Section 3. The said Commissioners of Agriculture 
shall be appointed by the Governor, by and with the consent of 
a majority of all the members elected to the Senate, one for 
the term of one year, one for the term of two years and one for 
the term of three years ; and thereafter all appointments of 
Commissioners of Agriculture shall be made as aforesaid for 
the term of three years, .and they shall hold office until their 
successors are duly qualified : Provided, that any vacancy oc- 
curring in the office of Commissioner of Agriculture before the 
expiration of a term shall be filled by appointment as afore- 
said for the remainder of the term; and provided further, 
that in case such vacancy shall occur when the Senate is not in 
session, such vacancy may be filled by the Governor without 
confirmation by the Senate until the end of the next session of 
the Senate. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 4, as fol- 
lows : 

Section 4. The said board shall have power to abate 
.and prevent, by such means as the General Assembly shall pre- 
scribe, all contagious and infectious diseases of fruit trees, 
plants, vegetables, cereals, horses, cattle and other farm ani- 
mals; and upon complaint made by the board to the Attorney 
General, of any grievances committed by any common carrier 
or transportation company touching freight charges or effi- 
ciency of transportation, it shall be the duty of the Attorney 
General to institute and prosecute proceedings for the investi- 
gation and redress of such grievances, in such manner as shall 
be provided by law. 

Mr. Bradford moved to amend Section 4 by striking out 



425 

in line nine the words "it shall be the duty of" and also to in- 
sert in line nine between the words "general" and "to" the 
words "shall have the power". 

Air. Clark moved to amend by striking out all after the 
word "animals" in line five. 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Burris, Carlisle, Clark, Cooch, Cooper, 
Hearne, Hering, Martin, Murray, , Pratt, Sapp, Saulsbury, 
Smithers, Mr. President. 

Nays — Messrs. Bradford, Cannon, Cavender, Dasey, Elle- 
good, Gilchrist, Horsey, Moore, Richards, Wright. 

Yeas, 14; nays, 10. 

So the question was decided in the affirmative, and the 
motion prevailed. 

Mr. Bradford moved the adoption of Section 4, as 
amended, 

Which motion Prevailed. 

And Section 4 was adopted, as follows: 

Section 4. The said board shall have power 10 abate and 
prevent, by such means as the General Assembly shall pre- 
scribe, all contagious and infectious diseases of fruit trees, 
plants, vegetables, cereals, horses, cattle and other farm 
animals. 

Motion to adjourn until 2.15 o'clock, p. m.. prevailed. 



4 26 



Same Day, 2:15 o'clock, p. itl 

Convention met pursuant to adjournment. 

Mr. Bradford moved the adoption of Section 5, Article XI, 
as follows: 

Section 5. The said commissioners may devise such 
plans for securing immigration to this State of industrious and 
useful settlers as they may deem expedient, and such plans may 
be executed as prescribed by the General Assembly. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 6, as fol- 
lows : 

Section 6. The General Assembly shall provide by law 
for the compensation of the members of said board, prescribe 
and define their duties, and enact suitable provisions for the ex- 
ecution by the said board of the powers herein designated. 

Mr. Bradford moved to amend by striking out lines three, 
four and five, 

Which motion Prevailed. 

Recurring to the motion for the adoption of Section 6, it 
prevailed. 

And Section 6 was adopted, as follows: 

Section 6. The General Assembly shall provide by law 
for the compensation of the members of said board. 

Air. Bradford moved the adoption of Section 7. 

Section 7. The Board of Agriculture hereby established 
shall continue for eight years from the date of the qualifica- 
tion of the first member thereof, after which it may be abolish- 
ed bv the General Assembly. 



427 

Mr. Cooper moved to amend by striking out in line two 
the word "eight" and inserting in lieu thereof the word "six," 

Which amendment Was Lost. 

Recurring to the motion for the adoption of Section 7, it 
prevailed. 

And Section 7 was adopted, as follows: 

Section 7. The Board of Agriculture hereby established 
shall continue for eight years from the date of the qualification 
of the first member thereof, after which it may be abolished by 
the (general Assembly. 

Mr. Bradford moved the adoption of the whole Article, as 
amended, to be known as Article XI, title Agriculture, 

Which motion Prevailed. 

Mr. Bradford moved that Article XII be taken up for 
consideration, 

Which motion Prevailed. 

Mr. Bradford moved the adoption of Article XII, as fol- 
lows : 

The General Assembly shall provide for the establish- 
ment and maintenance of a State Board of Health, which shall 
shall have supervision of all matters relating to public health. 
with such powers and duties as may be prescribed by law; and 
also for the establishment and maintenance of such local 
boards of health as may be necessary, to be under the supervis- 
ion of the State Board, to such extent and with such powers as 
may be prescribed by law. 

The motion Prevailed. 

Mr. Bradford moved that the Article adopted be known 
as Article XII, title Health, 

•Which motion Prevailed. 

Mr. Bradford moved that Article \ 1 1 I be taken up for 
consideration, 



428 

Which motion Prevailed. 

Mr. Bradford moved the adoption of Section i, Article 
XIII, as follows: 

Section i. The General Assembly may provide by law 
for the submission to the vote of the qualified electors of the 
several districts of the State, or any of them, mentioned in Sec- 
tion 2 of this Article, the question whether the manufacture 
and sale of intoxicating liquors shall be licensed or prohibited 
within the limits thereof; and in every district in which there is 
a majority against license, no person, firm or corporation shall 
thereafter manufacture or sell spirituous, vinous or malt 
liquors, except for medicinal or sacramental purposes, within 
said district, until at a subsequent submission of such question 
a majority of votes shall be cast in said district for license. 
Whenever a majority of all the members elected to each House 
of the General Assembly by the qualified electors in any dis- 
trict named in Section 2 of this Article shall request the sub- 
mission of the question of license or no license to a vote of the 
qualified electors in said district, the General Assembly shall 
provide for the submission of such question to the qualified 
electors in such district at the next general election thereafter. 

Mr. Bradford moved to amend Section 1 by adding in the 
first line between the words "may" and "provide" the words 
"from time to time," 

Which motion Prevailed. 

Mr. Martin moved to further amend Section 1 by striking: 
out all of the section after the word "license" in line thirteen. 



& 



Pending consideration, a motion to adjourn until Monday 
at 10.30 o'clock, a. m., prevailed. 



4 2 9 



Monday, May 17, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooper, Dasey, Dona- 
hoe, Ellegood, Evans, Gilchrist, Harman, Hering, Johnson, 
Martin, Moore, Murray, Richards, Sapp, Saulsbury, Smithers, 
Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Richards presented a bill of the Sussex Republican 
for $19.00, which, upon his motion, was referred to Committee 
on Accounts. 

Mr. Ellego-od presented bill of Guyer & Hardesty, which, 
upon his motion, was referred to Committee on Accounts. 

Mr. Donahoe presented bill of Richard R. Cooper, which, 
upon his motion, was referred to Committee on Accounts. 

Mr. Gilchrist requested leave of absence for Mr. Pratt for 
the morning session, which, upon his motion, was granted. 

Mr. Bradford moved that the Committee on Phraseologv 
and Arrangement be increased, by adding two members, one 
of whom shall be the President of the Convention, 

Which motion Prevailed. 

The President announced Mr. Richards the other addi- 
tional member. 

Recuring to the pending question on the amendment of 
Section 1, Article XIII, 

Mr. Gilchrist moved that Section 1, with pending amend- 
ments, be laid on the table for further consideration. 



43o 

Which motion Prevailed. 

Mr. Bradford presented the following- resolution: 

Resolved, That the Secretary of State be requested to fur- 
nish to the Committee on Phrasology and Arrangement the 
dates of termination of the terms of office of the various State 
and county officers of the State of Delaware, so far as the same 
may appear of record in his office. 

And moved its adoption. 

Y\ nich motion Prevailed. 

Mr. Bradford moved the adoption of Section 2, Article 
XIII, as follows: 

Sc .ion 2. Under the provisions of this Article, Sussex 
County shall comprise one district, Kent County one district, 
the City of Wilmington, as its corporate limits now are or may 
hereafter be extended, one district, and the remaining part of 
Xew Castle County one district. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 3, Article 
XIII. as follows: 

Section 3. The General Assembly shall provide neces- 
sary laws to carry out and enforce the provisions of this Article, 
enact laws governing the manufacture and sale of intoxicating 
liquors under the limitations of this Article, and provide such 
penalties as may be necessary to enforce the same. 

The motion Prevailed. 

Mr. Bradford moved that Article XIV be taken up for 
consideration, 

Which motion Prevailed. 

Mr. Bradford moved the adoption of lines one to twenty- 
three inclusive, as follows: 

Members of the General Assembly and all public officers, 
executive and judicial, except such inferior officers as shall be 
by law exempted, shall, before they enter upon the duties of 



43i 

their respective offices, take and subscribe the following oath 
or affirmation : 

"I do solemnly swear (or affirm) that I will support the 
Constitution of the United States, and the Constitution of the 
State of Delaware, and that I will faithfully discharge the du- 
ties of the office of , according to the best of my 

ability"; and all such officers, except as aforesaid, who shall 
have been chosen at any election, shall, before they enter upon 
the duties of their respective offices, take and subscribe the 
oath or affirmation above prescribed, together with the follow- 
ing addition thereto, as part thereof: 

"And I do further solemnly swear (or affirm) that I have 
not directly or indirectly paid, offered or promised to pay, 
contributed, or offered or promised to contribute, any money 
or other valuable thing as a consideration or reward for the 
giving or withholding a vote at the election at which I was 
elected to said office." 

Xo other oath, declaration or test shall be required as a 
qualification for any office of public trust. 

The motion Prevailed. 

Mr. Bradford moved that the lines adopted be known as 
Article XIV, title Oath of Office, 

Which motion Prevailed. 

Air. Bradford moved that Article XV be now taken up 
for consideration, 

Which motion Prevailed. 

Mr. Bradford moved the adoption of Section i. Article 
XV, as follows: 

Section i. The Chancellor, Judges and Attorney General 
shall be conservators of the peace throughout the State: and 
the Sheriffs and Coroners shall be conservators of the peace 
within the counties respectively in which they reside. 

The motion . Prevailed. 



432 

Mr. Bradford moved the adoption of Section 2, Article 
XV, as follows: 

Section 2. Xo public officer shall receive any fees with- 
out giving to the person paying the same a receipt therefor, if 
required, therein specifying every item and charge. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 3, Article 
XV, as follows: 

Section 3. Xo costs shall be paid by a person accused, 
on a bill being returned ignoramus, nor on acquittal. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 4, Article 
XV, as follows: 

Section 4. Xo law shall extend the term of any public 
officer or diminish his salary or emoluments after his election 
or appointment. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 5, Article 
XV, as follows: 

Section 5. All. public officers shall hold their respective 
offices until their successors shall be duly qualified, except in 
cases herein otherwise provided. 

The motion Prevailed. 

Air. Bradford moved the -adoption of Section 6, Article 
XV, as follows: 

Section 6. All public officers shall hold their offices 011 
condition that they behave themselves well, and shall be re- 
moved by the Governor on conviction of misbehavior in office 
or of any infamous crime. 

Air. Bradford moved Section 6 be laid on the table for 
further consideration, 

Which motion Prevailed. 



433 

Mr. Bradford moved the adoption of Section 7, Article 
XV, as follows: 

Section 7. The matters within Section 30 of Article IV 
and Sections 7 and 8 of Article. V are excepted from the pro- 
vision of the Constitution that "No person shall for any in- 
dictable offence be proceeded against criminally by informa- 
tion,'' and also from the provisions of the Constitution concern- 
ing trial by jury. 

The motion Prevailed. 

.Mr. Bradford moved the adoption of Section 8, Article 
XV, as follows: 

Section 8. This Constitution shall be prefixed to every 
codification of the laws of this State. 

The motion Prevailed. 

Mr. Bradford moved that Article XVI be now taken up 
for consideration, 

Which motion Prevailed. 

Mr. Bradford moved the adoption of Section 1, as follows: 

Section 1. Any amendment or amendments to this Con- 
stitution may be proposed in the Senate or House of Repre- 
sentatives; and if the same shall be agreed to by a majority of 
all the members elected to each House, such proposed amend- 
ment or amendments shall be entered on their journals, with 
the yeas and nays taken thereon, and the Secretary of State 
shall cause such proposed amendment or amendments to lie 
published three months before the next general election in at 
least two newspapers in each county in which such newspapers 
shall be published ;and if in the General Assembly next after the 
said election such proposed amendment or amendments shall 
be agreed to by three-fifths of all the members elected to each 
House, the Secretary of State shall cause the same again to be 
published in the manner aforesaid: and such propsed amend- 
ment or amendments shall be submitted to the qualified elect- 
ors of the State at the next general election for approval or 
rejection; and if such proposed amendment or amendments 

28-c 



434 

shall be approved by a majority of those voting thereon, the 
same shall become part of the Constitution upon the ascertain- 
ment of such results by the General Assembly. When two or 
more proposed amendments shall be so submitted they shall be 
voted upon separately. 

Mr. Bradford moved to amend Section i, as follows: 

To strike out in line four the words "a majority" and in- 
sert in lieu thereof the words "two-thirds"; to insert in line 
thirteen between the words "shall" and "be" the words "upon 
a yea and nay vote." and to strike out in line thirteen the words 
"three-fifths" and insert in lieu thereof the words "two-thirds," 
and to strike out all after the word "house" in line fourteen 
down to and including the word "thereon'' in line twenty-one, 
and to insert in line twenty-one, between the words "shall" 
and "become" the word "thereupon" and to add a period after 
the word "Constitution," and to strike out lines twenty-two, 
twenty-three, twenty-four and twenty-five. 

Air. tiering moved to further amend by striking out in 
line thirteen the words "two-thirds" and substituting in lieu 
thereof the words "three-fourths," 

Which motion Was Lost. 

Recurring to the amendment offered by Air. Bradford, it 
prevailed. 

Air. Carlisle moved to further amend by striking out in 
line ten the word "two" and inserting in lieu thereof the word 
"three," 

Which motion Prevailed. 

Air. Bradford moved the adoption of Section i. Article 
XVI, as amended, 

Which motion Prevailed. 

And Section i of Article XVI, was adopted as follows: 

Section i. Any amendment or amendments to this Con- 
stitution may be proposed in the Senate or House of Repre- 
sentatives; and if the same shall be agreed to by two-thirds of 



435 

all the members elected to each House, such proposed amend- 
ment or amendments shall be entered on their journals, with 
the yeas and nays taken thereon, and the Secretary of State 
shall cause such proposed amendment or amendments to be 
published three months before the next general election i& at 
least three newspapers in each county in which such news- 
papers shall be published ; and if in the General Assembly next 
after the said election such proposed amendment or amend- 
ments shall upon a yea and nay vote be agreed to by two- 
thirds of all the members elected to each House, the same shall 
thereupon become part of the Constitution. 

Mr. Bradford moved the adoption of Section 2, Article 
XVI, as follows: 

Section 2. The General Assembly may from time to time 
provide for the submission to the qualified electors of the State 
at the general election next thereafter the question, "Shall 
there be a Convention to revise the Constitution and amend 
the same?"; and upon such submission, if a majority of those 
voting on said question shall decide in favor of a Convention 
for such purpose, the General Assembly at its next session 
shall provide for the election of delegates to such Convention 
at the next general election. Such Convention shall be com- 
posed of thirty-five delegates, one of whom shall be chosen 
from each Representative District by the qualified electors 
thereof. The delegates so chosen shall convene at the Capi- 
tal of the State on the first Tuesday in September next after 
their election. Every delegate shall receive for his services 
such compensation as shall be provided by law. A majority 
of the Convention shall constitute a quorum for the transaction 
of business. The Convention shall have power to appoint 
such officers, employes and assistants as it may deem neces- 
sary, and fix their compensation, and provide for the printing 
of its documents, journals, debates and proceedings. The 
Convention shall determine the rules of its proceedings, and be 
the judge of the elections, returns and qualifications of its 
members. Whenever there shall be a vacancy in the office of 
delegate from any district by reason of failure to elect, ineligi- 
bility, death, resignation or otherwise, a writ of election to fill 
such vacancy shall be issued by the Governor, and such va- 
cancy shall be filled by the qualified electors of such district. 



436 

Mr. Spruanoe moved to amend by striking- out in line 
eleven the words "thirty-five" and inserting in lieu thereof the 
words "forty-one," and to insert after the word "thereof" in 
line thirteen the words "and two of whom shall be chosen from 
New Castle County, two from Kent County and two from Sus- 
sex County, by the qualified electors thereof respectively." 

Pending the consideration a motion to adjourn until 2.30 
o'clock, p. m., prevailed. 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

Recurring to the pending amendment on Section 2, Arti- 
cle XVI, 

Air. Hering moved a further amendment by striking out 
all after the word "composed" in line eleven to and including 
the word "Representative" in line twelve and inserting in lieu 
thereof the words "of thirty-four delegates, two of whom shall 
be chosen from each Senatorial." 

Which motion Was Lost. 

Recurring to the amendment offered by Air. Spruanc-e, 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Bradford, Burris, Cannon, Clark, Dona- 
hoe, Gilchrist, Harman, Hering, Moore, Murray, Richards, 
Saulsbury, Smithers, Spruance, Air. President. 

Xays — Messrs. Carlisle, Cavender, Cooper, Dasey, Elle- 
good, Johnson, Martin, Sapp, Wright. 

Yeas, 15; nays, 9. 

So the question was decided in the affirmative and the 
amendment was adopted. 



437 

Mr. Bradford moved to further amend by adding in line 
twenty-six between the words "district" and "by" the words 
"or county" and add at the end of line thirty the words "or 
•county," 

Which amendment Prevailed. 

Mr. Carlisle moved to further amend by inserting in line 
one between the w r ords "Assembly" and "may" the words "by 
a two-thirds vote of all the members elected to each House," 

The yeas and nays were ordered, which, being taken, were 
.as follows: 

Yeas — Messrs. Bradford, Cannon, Carlisle, Cavender, 
Clark, Cooper, Evans, Gilchrist, Hering, Martin, Murray, 
.Saulsbury, Smithers. 

Nays — Messrs. Burris, Dasey, Donahoe, Ellegood, Har- 
man, Moore, Richards, Sapp, Spruance, Wright, Mr. Presi- 
dent . 

Yeas, 13; nays, 11. 

So the question was decided in the affirmative, and Mr. 
Carlisle's amendment prevailed. 

Recurring to the motion for the adoption of Section 2, as 
.amended* it prevailed, 

And Section 2, Article XYI, was adopted, as follows: 

Section 2. The General Assembly by a two-thirds vote 
of all the members elected to each House may from 'time to 
time provide for the submission to the qualified electors of the 
State at the general election next thereafter the question, 
"Shall there be a Convention to revise the Constitution and 
amend the same?"; and upon such submission, if a majority of 
those voting on said question shall decide in favor of a Con- 
vention for such purpose, the General Assembly at its next 
session shall provide for the election of delegates to such Con- 
vention at the next general election. Such Convention shall 
Idc composed of forty-one delegates, one of whom shall be 
chosen from each Representative District by the qualified 
.electors thereof, and two of them shall be chosen from Xew 



433 

Castle County, two from Kent County and two from Sussex 
County, by the qualified electors thereof respectively. The 
delegates so chosen shall convene at the Capital of the State 
on the first Tuesday in September next after their election. 
Every delegate shall receive for his services such compensa- 
tion as shall be provided by law. A majority of the Conven- 
tion shall constitute a quorum for the transaction of business. 
The Convention shall have power to appoint such officers, em- 
ployes and assistants as it may deem necessary, and fix their 
compensation, and provide for the printing of its documents, 
journals, debates and proceedings. The Convention shall de- 
termine the rules of its proceedings, and be the judge of the 
elections, returns and qualifications of its members. When- 
ever there shall be a vacancy in the office of delegate from any 
district or county by reason of failure to elect, ineligibility,, 
death, resignation or otherwise, a writ of election to fill such 
vacancy shall be issued by the Governor, and such vacancy 
shall be filled by the qualified electors of such district or 
county. 

Mr. Bradford moved the adoption of Section 3, Article 
XYI, as follows: 

Section 3. The General Assembly shall provide for re- 
ceiving, tallying and counting the votes for or against propos- 
ed amendments to the Constitution, and for or against a Con- 
vention, and for returning to the General Assembly at its next 
session the state of such vote; and shall also enact all provis- 
ions necessary for giving effect to this Article. 

Mr. Bradford moved to strike out all of line three and the. 
word "against" in line four, 

Which motion Prevailed. 

Mr. Bradford moved the adoption of Section 3, as amend- 
ed, it prevailed. 

And Section 3, Article XVI, was adopted, as follows: 

Section 3. The General Assembly shall provide for re- 
ceiving, tallying and counting the votes for or against a Con- 
vention, and for returnino- to the General Assemblv at its next 



439 

session the state of such vote; and shall also enact all provis- 
ions necessary for giving effect to this Article. 



Mr. Bradford moved the adoption of Section 4, as foil 



ows 



Section 4. No bill or resolution passed by the General 
Assembly under or pursuant to the provisions of this Article, 
except a bill or resolution providing- for the submission to the 
qualified electors of the State the question, "Shall there be a 
Convention to revise the Constitution and amend the same?" 
shall require for its validity the approval of the Governor, and 
the same, except as aforesaid, shall be exempt from the provis- 
ions of Section 19 of Article III of this Constitution. 

Mr. Bradford moved to amend Section 4, by striking out 
all after the word "Article'' in line three down to and including 
the word "same" in line six, also the words "except as afore- 
said" in lines seven and eight, 

Which motion Prevailed. 

Mr. Bradford moved the adoption of Section 4, as amend- 
ed, 

Which motion Prevailed. 

And Section 4, Article XVI, was adopted, as follows: 

Section 4. No bill or resolution passed by the General 
Assembly under or pursuant to the provisions of this Article 
shall require for its validity the approval of the Governor, and 
the same, shall be exempt from the provisions of Section 19 of 
Article III of this Constitution. 

Mr. Bradford moved the adoption of Section 5, as follows: 

Section 5. In voting at any general election, upon pro- 
posed amendments to the Constitution, or upon the question, 
"Shall there be a Convention to revise the Constitution and 
amend the same?" the ballots shall be separate from those cast 
for any person voted for at such election, and shall be kept dis- 
tinct and apart from all other ballots. 

Mr. Bradford moved to amend by striking out in the first 



44o 

and second lines the words "upon proposed amendments to. 
the Constitution," 

Which motion Prevailed. 

Mr. Bradford moved the adoption of Section 5, as amend- 
ed, 

Which motion Prevailed. 

And Section 5, Article XVI, was adopted, as follows: 

Section 5. In voting at any general election, upon the 
question, "Shall there be a Convention to revise the Constitu- 
tion and amend the same?" the ballots shall be separate from 
those cast for any person voted for at such election, and shall 
be kept distinct and apart from all other ballots. 

Mr. Bradford moved that the five sections, as amended, be 
adopted as the whole to be known as Article XVI, title, 
Amendments and Conventions, 

Which motion Prevailed. 

Mr. Saulsbury, on behalf of Committee on Accounts, sub- 
mitted the following report: 

The Committee on Accounts, to whom was referred the 
bill of Guyer & Hardesty submits the following report: 

Resolved, That the President of this Convention be and 
he is hereby authorized to draw his warrant upon the State 
Treasurer in favor of Guyer & Hardesty for $168.60, for sten- 
ographic reporting. 

Mr. Ellegood moved the report be accepted and the reso- 
lution adopted, 

Which motion Prevailed. 

Mr. Gilchrist moved that Section 1, Article XIII, be 
taken from the table for consideration, 

Which motion, by unanimous consent, was withdrawn. 

Mr. Richards moved that Section 15, Article II, be taken 
from the table for consideration, 



44 1 

Which motion Prevailed. 

By unanimous consent the proposed amendment to Sec- 
tion 15, by Mr. Clark, was withdrawn. 

By unanimous consent the proposed amendment to Sec- 
tion 15, by Mr. Spruance, was withdrawn. 

Mr. Spruance moved to amend by striking out the word 
"sixty" in line six and substituting in lieu thereof the word 
"seventy," 

The yeas and nays were ordered, which, being taken, were 
as follows : 

Yeas — Messrs. Saulsbury, Spruance. 

Nays — Messrs. Bradford, Burris, Cavender, Clark, Coop- 
er, Dasey, Donaboe, Ellegood, Gilchrist, Harman, Hering, 
Martin, Moore, Richards, Smithers, Mr. President. 

Yeas, 2; nays, 16. 

So the question was decided in the negative, and the 
amendment declared lost. 

Air. Ellegood moved to further amend Section 15, by add- 
ing after the word "session" the following: 

Xo member of the General Assembly shall, during a ses- 
sion of the General Assembly, accept or use any free pass or 
gift ticket, or free transportation, from any railroad or other 
transportation company, or transportation at a rate lower or 
less than that granted to the general public. 

Pending consideration a motion to adjourn until to-mor- 
row, 10.30 o'clock, a. m., prevailed. 



442 



Tuesday, May 18, 1897. 

10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. J. IT. Beachamp. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey. 
Donahoe, Ellegood, Evans, Gilchrist, Harman, Hearne, Her- 
ing', Martin, Moore, Murray, Orr, Pratt, Richards, Sapp, Sauls- 
bury, Smithers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Ellegood presented bill of Wm. T. Hutson for $9.00, 
which, upon his motion, was referred to the Committee on Ac- 
counts. 

Mr. Dasey presented bill of J- S. Godwin for $3.25, which. 
upon his motion, was referred to the Committee on Accounts. 

Recurring to the pending question at adjournment, Mr. 
Hering moved to amend Mr. Ellegood's amendment by strik- 
ing out the words "a session of the General Assembly" and in- 
serting in lieu thereof the words "his term of office," 

Which amendment Was Lost. 

Recurring to the original amendment offered by Air. Elle- 
good, 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Bradford, Cannon, Carlisle, Cavender, 
Donahoe, Ellegood, Gilchrist, Hearne, Hering, Saulsbury. 

Nays — Messrs. Burris, Clark, Cooch, Dasey, Evans, Har- 
man, Martin, Moore, Murray, Grr, Pratt, Richards, Sapp, 
Smithers, Spruance, Wright, Mr. President. 



443 



Yeas, 10 ; nays, 17. 



So the question was decided in the negative, and the 
amendment was lost. 

Recurring- to the motion for the adoption of Section 15, 
Article II, as amended, it prevailed, 

And Section 15 of Article II, was adopted, as follows: 

Section 15. The members of the General Assembly, ex- 
cept the presiding officers of the respective Houses, shall re- 
ceive as compensation for their services a per diem allowance 
of five dollars, and the presiding officers a per diem allowance 
of six dollars, for each day of the session, not exceeding sixty 
days; and should they remain longer in sesion they shall serve 
without compensation. In case a special or extra session of 
the General Assembly be called the members and presiding 
officers shall receive like compensation for a period not ex- 
ceeding thirty days. 

The compensation of members of the General Assembly 
and of the Lieutenant Governor as President of the Senate 
shall be paid out of the treasury of the State. 

The cost to the State for stationery and other supplies for 
each member of the General Assembly shall not exceed the 
sum of twenty-five dollars for any regular session, or the sum 
of ten dollars for any special session. 

Mr. Bradford moved that this Article from Section 1 to 
24 inclusive be adopted as a whole, and to be known as Article 
II, title Legislature, 

Which motion Prevailed. 

Mr. Bradford moved that Article V, Elections, be now 
taken up for consideration, 

Which motion Prevailed. 

Mr. Bradford moved the adoption of Section 1, Article V, 
as follows : 

Section t. The general election shall be held biennially 
on the Tuesdav next after the first Monday in the month of 



444 

November, and shall be by ballot; but the General Assembly 
may by law prescribe the means, methods and instruments of 
voting so as best to secure secrecy and the independence of the 
voter, preserve the freedom and purity of elections and prevent 
fraud, corruption and intimidation thereat. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 2, Article 5. 

Mr. Cooch moved that Section 2 be laid on the table for 
further consideration, 

Which motion Was Lost. 

Recurring to the original motion for the adoption of Sec- 
tion 2, it prevailed, 

And Section 2 was adopted as follows: 

Section 2. Every male citizen of this State of the age of 
twenty-one years who shall have been a resident thereof one 
year next preceding an election, and for the last three months 
a resident of the county, and for the last thirty days a resident 
of the hundred or election district in which he may offer to 
vote, and in which he shall have been duly registered as here- 
inafter provided for, shall be entitled to vote at such election 
in the hundred or election district of which he shall at the time 
be a resident, and in which he shall be registered, for all offi- 
cers that now are or hereafter may be elected by the people, 
and upon all questions which may be submitted to the vote of 
the people: provided, however, that no person who shall at- 
tain the age of twenty-one years after the first day of January, 
in the year of our Lord nineteen hundred, or after that date 
shall become a citizen of the L nited States, shall have the right 
to vote unless he shall be able to read this Constitution in the 
English language and write his name; but these requirements 
shall not apply to any person who by reason of physical disa- 
bility shall be unable to comply therewith: and provided also, 
that no person in the military, naval, or marine service of the 
United States shall be considered as acquiring a residence in 
this State, by being stationed in any garrison, barrack, or mili- 
tary or naval place or station within this State; and no idiot, 
or insane person, pauper, or person convicted of a crime deem- 



445 

ed by law felony, or incapacitated under the provisions of this 
Constitution from voting, shall enjoy the right of an elector; 
and the General Assembly may impose the forfeiture of the 
right of suffrage as a punishment for crime. 

Mr. Bradford moved the adoption of Section 3, as follows: 

Section 3. No person who shall receive or accept, or 
offer to receive or accept, or shall pay, transfer or deliver, or 
offer or promise to pay, transfer or deliver, or shall contribute, 
or offer or promise to contribute to another, to be paid or used, 
any money or other valuable thing as a compensation, induce- 
ment or reward for the registering or abstaining from reg- 
istering of any one qualified to register, or for the giving or 
withholding, or in any manner influencing the giving or with- 
holding, a vote at any general, special or municipal election in 
this State, shall vote at such election; and upon challenge for 
any of said causes, the person so challenged, before the officers 
authorized for that purpose shall receive his vote, shall swear 
or affirm before such officers that he has not received or ac- 
cepted, or offered to receive or accept, or paid, transferred or 
delivered, or offered or promised to pay, transfer or deliver, or 
contributed, or offered or promised to contribute to another, to 
be paid or used, any money or other valuable thing as a com- 
pensation, inducement or reward for the registering or ab- 
staining from registering of any one qualified to register, or for 
the giving or withholding, or in any manner influencing the 
giving or withholding, a vote at such election. 

Such oath or affirmation shall be conclusive evidence to 
the election officers of the truth of such oath or affirmation; 
but if any such oath or affirmation shall be false, the person 
making the same shall be guilty of perjury, and no conviction 
thereof shall bar any prosecution under Section 8 of this 
Article. 

The motion Prevailed. 

Mr. Bradford moved the adoption of Section 4, as follows: 

Section 4. The General Assembly shall provide by law 
for a uniform biennial registration of the names of all the 
voters in this State who possess the qualifications prescribed 
in this Article, which registration shall be conclusive evidence 



446 

to the election officers of the right of every person so registered 
to vote at the general election next thereafter, who is not dis- 
qualified under the provisions of Section 3 of this Article; but 
no person shall vote at such election unless his name appears 
in the list of registered voters. 

Such registration shall be commenced not more than nine- 
ty days nor less than sixty days before and be completed not 
more than twenty days nor less than ten days before such elec- 
tion. Application for registration may be made on at least 
five days during the said period; provided, however, that such 
registration may be corrected as hereinafter provided, at any 
time prior to the day of holding the election. 

Voters shall be registered upon personal application only: 
and each voter shall, at the time of his registration, pay a reg- 
istration fee of one dollar. 

From the decision of the registration officers granting or 
refusing registration, or striking or refusing to strike a name 
or names from the registration list, any person interested, or 
any registration officer, may appeal to the resident Associate 
Judge of the county, or, in case of his disability or absence 
from the county, to any judge entitled to sit in the Supreme 
Court, whose determination shall be final ; and he shall have 
power to order any name improperly omitted from the said 
registry to be placed thereon, and any name improperly ap- 
pearing on the said registry to be stricken therefrom, and any 
name appearing on the said registry, in any manner incorrect, 
to be corrected, and to make and enforce all necessary orders 
in the premises for the correction of the said registry. 
Registration shall be required only for general biennial 
elections at which Representatives to the General Assembly 
shall be chosen, unless the General Assembly shall otherwise 
provide by law. 

The existing laws in reference to the registration of voters, 
so far as consistent with the provisions of this Article, shall 
continue in force until the General Assembly shall otherwise 
provide. 

Mr. Cavender moved to amend by striking out in line 
twenty-one the words "one dollar' 1 and to insert in lieu thereof 
the words "two dollars." 



447 

The yeas and nays were ordered, which, being taken, were 
as follows : 

Yeas — Messrs. Cavender, Dasey, Donahoe, Hearne, Mar- 
tin, Sapp. 

Nays — Messrs. Bradford, Burris, Cannon, Carlisle, Clark, 
Cooch, Elleg'ood, Gilchrist, Harman, Hering, Moore, Murrav, 
Orr, Pratt, Richards, Saulsbury, Smith ers, Spruance, Wright. 
Mr. President. 

Yeas, 6; nays, 20. 

So the question was decided in the negative and the 
amendment was lost. 

Mr. Pratt moved to further amend by striking out lines 
twenty-six, twenty-seven, twenty-eight and twenty-nine, to 
and including the word "he" and insert in lieu thereof the 
words, "Board of Review of Registration to be composed of 
three members, one to be named from each of the two political 
parties casting the largest number of votes at the last general 
election, and they shall choose the third. The decision of said 
Board shall be final and they." 

Pending the consideration a motion to adjourn until 2.30 
o'clock, p. m., prevailed. 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

Recurring to the pending amendment, by unanimous con- 
sent it was withdrawn. 

Air. Pratt moved the following amendment to Section 4: 
strike out all of lines twenty-six, twenty-seven, twenty-eight 
and twenty-nine, to and including the word "he" and insert in 
lieu thereof the words "County Board oi Review oi Registra- 
tion to be composed of three members, who shall be appointed 



44§ 

by the Associate Judge of the County, not less than twenty 
days before the election, whose determination shall be final, 
and the said Board." 

The amendment Was Lost. 

Mr. Bradford moved to amend by striking out in line 
twelve the word "ninety" and insert in lieu thereof the words 
"one hundred and twenty," 

Which motion Prevailed. 

Recurring to the motion for the adoption of Section 4, as 
amended, it prevailed. 

And Section 4, Article V, was adopted, as follows: 

Section 4. The General Assembly shall provide by law 
for a uniform biennial registration of the names of all the vot- 
ers in this State who possess the qualifications prescribed in 
this Article, which registration shall be conclusive evidence to 
the election officers of the right of every person so registered 
to vote at the general election next thereafter, who is not dis- 
qualified under the provisions of Section 3 of this Article; but 
no person shall vote at such election unless his name appears 
in the list of registered voters. 

Such registration shall be commenced not more than one 
hundred and twenty days nor less than sixty days before and 
be completed not more than twenty days nor less than ten days 
before such election. Application for registration may be 
made on at least five days during the said period; provided, 
however, that such registration may be corrected as herein- 
after provided, at any time prior to the day of holding the elec- 
tion. 

Voters shall be registered upon personal application only ; 
and each voter shall, at the time of his registration, pay a regis- 
tration fee of one dollar. 

From the decision of the registration officers granting or 
refusing registration, or striking or refusing to strike a name 
or names from the registration list, any person interested, or 
any registration officer, may appeal to the resident Associate 



449 

Judge of the county , or, in case of his disability or absence from 
the county, to any judge entitled to sit in the Supreme Court, 
whose determination shall be final; and he shall have power to 
order any name improperly omitted from the said registry to- 
be placed thereon, and any name improperly appearing on the 
said registry to be stricken therefrom, and any name appear- 
ing on the said registry, in any manner incorrect, to be cor- 
rected, and to make and enforce all necessary orders in the 
premises for the correction of the said registry. Registration 
shall be required only for general biennial elections at which 
Representatives to the General Assembly shall be chosen, un- 
less the General Assembly shall otherwise provide by law. 

The existing Laws in reference to the registration of voters, 
so far as consistent with the provisions of this Article, shall 
continue in force until the General Assembly shall otherwise 
provide. 

Mr. Bradford moved the adoption of Section 5, as follows: 

Section 5. Electors shall in all cases, except treason, 
felony, or breach of the peace, be privileged from arrest during 
their attendance at elections, and in going to and returning 
from them. 

The motion Prevailed. 

Mr. Bradford moved that Section 6 be laid on the table 
for further consideration, 

Which motion Prevailed. 

Mr. Bradford moved the adoption of Section 7, as follows: 

Section 7. Every person who shall receive or accept, or 
offer to receive or accept, or shall pay, transfer or deliver, or 
offer or promise to pay, transfer or deliver, or shall contribute, 
or offer or promise to contribute, to another to be paid or used, 
any money or other valuable thing as a compensation, induce- 
ment or reward for the giving or withholding, or in any man- 
ner influencing the giving or withholding, a vote at any gen- 
eral, special, or municipal election in this State, or at any pri- 
mary election, convention or meeting held for the purpose of 
29 -c 



45o 

nominating any candidate or candidates to be voted for at such 
general, special or municipal election; or who shall make or 
become directly or indirectly a party to any bet or wager de- 
pending upon the result of any such general special, municipal 
or primary election or convention or meeting, or upon a vote 
thareat by any person; or who shall, by the use or promise of 
money or other valuable thing, or otherwise, cause or attempt 
to cause any officer of election or registration officer to violate 
his official duty ; or who shall by the use or promise of monev 
or other valuable thing- influence or attempt to influence any 
person to be registered or abstain from being registered; or 
who, being an officer of election or registration officer, shall 
knowingly and wilfully violate his official duty; or who shall by 
force, threat, menace or intimidation, prevent or hinder, or at- 
tempt to prevent or hinder, any person qualified for registra- 
tion from being registered or any person qualified to vote from 
voting according to his choice at any such general, special or 
municipal election, shall be deemed guilty of a misdemeanor, 
and shall be fined not less than one hundred dollars nor more 
than five thousand dollars, or shall be imprisoned for a term 
not less than six months nor more than five years, or shall 
suffer both fine and imprisonment within said limits, at the dis- 
cretion of the court; and, if a male, shall further for a term of 
ten years next following his sentence be incapable of voting at 
any such general, special, municipal or primary election or 
convention or meeting. Xo person, other than the accused, 
shall, in the prosecution for any offense mentioned in this sec- 
tion, be permitted to withhold his testimony on the ground 
that it may criminate himself or subject him to public infamy: 
but such testimony shall not afterwards be used against him in 
any judicial proceeding, except for perjury in giving such 
testimony. 

Mr. Bradford moved the amendment of Section 7. as 
follows: To insert the following words, "either in or out of 
the State." between the words "who" and "shall" in lines one, 
twelve, sixteen and twenty, and to add after the word "meet- 
ing" in line thirty-eight, the words, "Every person charged 
with the commission while out of the State of any of the of- 
fences enumerated in this section and by this section made 
punishable, whether committed in or out of the State, may be 



45i 

prosecuted tinder Section 8 of this Article, in any county in 
which he shall be arrested on such charge." 

The yeas and nays were ordered, which, being taken, were 
as follows : 

Yeas — Messrs. Bradford, Burris, Cannon, Cooch, Dasey, 
Ellegood, Evans, Gilchrist, Harman, Hearne, Moore, Orr, 
Richards, Sapp, Saulsbury, Wright. 

Nays — Messrs. Carlisle, Clark, Donahoe, Martin, Murray, 
Pratt, Smith ers, Spruance. 

Yeas, 16; nays, 8. 

So the question was decided in the affirmative, and the 
amendment prevailed. 

Mr. Spruance moved to amend to strike out all after the 
word "election" in line twelve and lines thirteen, fourteen, 
fifteen and sixteen to and including the word "person," 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Carlisle, Donahoe, Evans, Martin, Mur- 
ray, Smithers, Spruance. 

Nays — Messrs. Bradford, Burris, Cannon, Clark, Cooch, 
Dasey, Ellegood, Gilchrist, Hearne, Hering, Moore, Orr, 
Pratt, Richards, Sapp, Saulsbury, Wright. 

Yeas, 7; nays, iy. 

So the question was decided in the negative, and the 
amendment was lost. 

Mr. Saulsbury moved to amend by adding in line twelve 
after the word "shall" the words "with intent to influence the 
vote of any elector thereby." 

The yeas and nays were ordered, which, being taken, were 
as follows : 

Yeas — Messrs. Clark, Donahoe, Hering, Martin. Mur- 
ray, Saulsbury, Smithers, Spruance. 



452 

Nays — Messrs. Bradford, Burris, Cannon, Carlisle,. 
Dasey, Ellegood, Gilchrist, Hearn'e, Moore, Orr, Pratt, Rich- 
ards, Sapp, Wright. 

Yeas, 3; nays, 14. 

So the question was decided in the negative, and the 
amendment was lost. 

Mr. Spruance moved to amend by striking out in line 
twenty-two the words "to be registered.'' 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Carlisle, Clark, Donahoe, Martin, Mur- 
ray, Smithers, Spruance. 

Nays — Messrs. Bradford, Burris, Cannon, Cooch, Dasey, 
Ellegood, Evans, Gilchrist, Harman, Hearne, Moore, Orr, 
Pratt, Richards, Sapp, Saulsbury, Wright. 

Yeas, 7; nays, 17. 

So the question was decided in the negative, and the 
amendment was lost. 

Mr. Pratt moved to amend by striking out in line thirty- 
three the word "six" and inserting in lieu thereof the word 
"one." 

Mr. Ellegood moved to amend this amendment by striking 
out "one" and inserting the word "three." 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Bradford, Burris, Ellegood, Gilchrist, 
Moore, Richards, Saulsbury. 

Nays — Messrs. Clark, Cooch, Cooper, Dasey, Donahoe,. 
Hearne, Martin, Orr, Pratt, Smithers, Spruance. 

Yeas, 7; nays, 11. 

So the question was decided in the negative, and the 
amendment was lost. 



453 

Mr. Ellegood, moved to amend Mr. Pratt's amendment 
by striking out the word "one" and inserting the word "two," 

Which motion Was Lost. 

Recurring to the original motion by Mr. Pratt to strike 
out in line thirty-three the word "six" and insert in lieu thereof 
the word "one." 

The motion Prevailed. 

Mr. Spruance moved to amend by striking out in line thir- 
ty-one the word "five" and inserting in lieu thereof the word 
"one." 

The yeas and nays were ordered, which, being taken, were 
.as follows : 

Yeas — Messrs. Clark, Donahoe, Martin, Smithers, Spru- 
ance. 

Nays — Messrs. Bradford, Burris, Cavender, Cooch, Cooper, 
Dasey, Ellegood, Gilchrist, Hearne, Moore, Orr, Pratt, Rich- 
ards, Saulsbury. 

Yeas, 5; nays, 14. 

So the question was decided in the negative, and the 
.amendment was lost. 

Mr. Spruance moved to amend by striking out in line 
thirtv-three the words "five years" and inserting in lieu thereof 
the words "one year." 

Mr. Ellegood, moved to amend the amendments by strik- 
ing out "one year" and inserting "three years." 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Bradford, Burris, Cavender, Cooch. 
Cooper, Dasey, Ellegood, Evans, Gilchrist, Hearne, Moore, 
Orr, Richards,. 

Nays — Messrs. Clark, Donahoe, Martin, Pratt. Saulsbury. 
Smithers, Spruance. 

Yeas, 13; nays, 7. 



454 

So the question was decided in the affirmative, and Mr. 
Ellegood's amendment prevailed. 

Recurring to the amendment of Mr. Spruance, as amend- 
ed, it prevailed. 

Motion to adjourn until to-morrow at 10.30 o'clock, a. m., 
prevailed. 



455 



Wednesday, May 19, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 
Prayer by the Rev. J. H. Beauchamp. 

Roll called. Members present: Messrs. Bums, Can- 
non, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, Dona- 
hoe, Ellegood, Evans, Gilchrist, Hearne, Horsey, Hering, 
Johnson, Martin, Moore, Murray, Richards, Sapp, Saulsbury, 
Smithers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Ellegood presented bill of W. D. McGloghlon for 
$1.00, which, upon his motion, was referred to the Committee 
on Accounts. 

Recurring to the pending motion for the adoption, as 
amended, of Section 7, Article V, Mr. Spruance moved to 
further amend Section 7 by striking out all after the word 
"court" in line thirty-five to and including the word "meet- 
ing" in line thirty-eight. 

Mr. Ellegood moved to amend the amendment offered by 
inserting in line thirty-six between the words "of" and "ten'' 
the words "not less than two years nor more than," 

Which amendment Was Lost. 

Recurring to the amendment offered by Mr. Spruance, 

The yeas and nays were ordered, which, being taken, were 
as follows : 

Yeas — 'Messrs. Carlisle, Clark, Donahue. Johnson, Alar- 
tin, Murray, Smithers, Spruance. 

Navs — Messrs. Cannon, Cavender, Cooch. Dasev. Elle- 



456 

good, Evans, Gilchrist, Hearne , Horsey, Moore, Pratt, Rich- 
ards, Wright, Mr. President. 

Yeas, 8; nays, 14. 

So the question was decided in the negative, and the mo- 
tion was lost. 

Mr. Pratt moved to further amend Section 7 by adding 
immediately after the word meeting in line thirty-eight the fol- 
lowing: 

"But the penalty of disfranchisement shall not apply to 
any person making or being a party to any bet or wager de- 
pending upon the result of any such general, special, munici- 
pal or primary election or convention or meeting." 

The yeas and nays were ordered, which, being taken, w T ere 
as follows : 

Yeas — Messrs. Carlisle, Cavender, Clark, Donahoe, 
Evans, Gilchrist, Hearne, Horsey, Hering, Johnson, Martin, 
Murray, Pratt, Saulsbury, Smithers, Spruance, Mr. President. 

Nays — -Messrs. Cannon, Cooch, Dasey, Ellegood, Moore, 
Richards, Wright. 

Yeas, 17; nays, 7. 

So the question was decided in the affirmative, and the 
amendment prevailed. 

Mr. Spruance moved to amend Section 7 further by in- 
serting after the word "further" in line thirty-five the words 
"at the discretion of the court," 

Which amendment Was Lost. 

Recurring to the motion to adopt Section 7, Article V, as 
amended, 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Cannon, Carlisle, Cavender, Clark, Cooch, 
Dasey, Ellegood, Evans, Gilchrist, Hearne, Horsey, Johnson, 
Moore, Pratt, Richards, Wright, Mr. President. 



457 

Nays — Messrs. Donahoe, Hering, Martin, Murray, 
Smithers, Spruance. 

Yeas, 17; nays, 6. 

So the question was decided in the affirmative, and Sec- 
tion 7, Article V, was adopted, as follows: 

Section 7. Every person who either in or out of the State 
shall receive or accept, or offer to receive or accept, or shall 
pay, transfer or deliver, or offer or promise to pay, transfer or 
deliver, or shall contribute, or offer or promise to contribute, 
to another to be paid or used, any money or other valuable 
thing as a compensation, inducement or reward for the giving 
or withholding, or in any manner influencing the g-iving or 
withholding, a vote at any general, special, or municipal elec- 
tion in this State, or at any primary election, convention or 
meeting held for the purpose of nominating any candidate or 
candidates to be voted for at such general, special or municipal 
election; or who either in or out of the State shall make or be- 
come directly or indirectly a party to any bet or wager depend- 
ing upon the result of any sucli general, special, municipal or 
primary election or convention or meeting, or upon a vote 
thereat by any person; or who either in or out of the State 
shall, by the use or promise of money or other valuable thing, 
or otherwise, cause or attempt to cause any officer of election 
or registration officer to violate his official duty ; or who either 
in or out of the State shall by the use or promise of money or 
other valuable thing influence or attempt to influence any per- 
son to be registered or abstain from being registered; or who, 
being an officer of election or registration officer, shall know- 
ingly and wilfully violate his official duty; or who shall by force 
threat, menace or intimidation, prevent or hinder, or attempt 
to prevent or hinder, any person qualified for registration from 
being registered or any person qualified to vote from voting 
according to his choice at any such general, special or munici- 
pal election, shall be deemed guilty of a misdemeanor, and 
shall be fined not less than one hundred dollars nor more than 
five thousand dollars, or shall be imprisoned for a term not 
less than one month nor more than three years, or shall suffer 
both fine and imprisonment witnin said limits, at the discre- 
tion of the court; and, if a male, shall further for a term of ten 



453 

years next following his sentence be incapable of voting at any 
such general, special, municipal or primary election or conven- 
tion or meeting. But the penalty of disfranchisement shall 
not apply to any persons making or being a party to any bet 
or wager depending upon the result of any such general, spe- 
cial, municipal or primary election or convention or meeting. 
Every person charged with the commission while out of the 
State of any of the offences enumerated in this section, and 
by this section made punishable, whether committed in or out 
of the State, may be prosecuted under Section 8 of this Article, 
in any county in which he shall be arrested on such charge. 
Xo person, other than the accused, shall, in the prosecution 
for any offence mentioned in this section, be permitted to 
withhold his testimony on the ground that it may criminate 
himself or subject him to public infamy; but such testimony 
shall not afterwards be used against him in any judicial pro- 
ceeding, except for perjury in giving such testimony. 

Air. Richards moved the adoption of Section 8, Article V. 

Air. Richards moved to amend by inserting in line eighty- 
four between the words "reside" and "such" the words "or out 
of the State," 

Which motion Prevailed. 

Air. Richards moved the adoption of Section 8, as 
amended. 

The yeas and nays were ordered, which, being taken, were 
as follows: 



Yeas — Afessrs. Cannon, Cavender, Cooch, Dasey, Elle- 
1, Evans, Gilchrist, Hea 
ards, Wrieht, Air. President. 



good, Evans, Gilchrist, Hearne, Horsey, Aloore, Pratt, Rich- 



Xays — Alessrs. Carlisle, Clark, Donahoe, Hering, John- 
son, Martin, Alurray, Saulsbury, Smithers, Spruance. 

Yeas, 14; nays, 10. 

So the question was decided in the affirmative, and Sec- 
tion 8, Article V, was adopted, as follows: 



459 

Section 8. Every prosecution for any of the offences 
mentioned in Section 7 of this Article shall be on informa- 
tion filed by the Attorney General, after examination and com- 
mitment or holding to bail by a judge or justice of the peace, 
and the cause shall be heard, tried and determined by the court 
without the intervention of either a grand jury or a petit jury. 
The accused, if adjudged guilty of the offence charged against 
him, shall have the right at any time within the space of three 
calendar months next after sentence is pronounced to an ap- 
peal to the Supreme Court. The court below, or any judge 
thereof, in term time or vacation, shall upon application by 
the accused allow such appeal; but such appeal shall not 
operate as a supersedeas unless the appellant shall at the time 
of the allowance thereof give an appeal bond to the State of 
Delaware in such amount and with such surety as shall be ap- 
proved by such court or judge. On such appeal the Supreme 
Court shall, with all convenient speed, review the evidence ad- 
duced in the cause in the court below, as well as the other pro- 
ceedings therein, and the law applicable thereto, and give final 
judgment accordingly, either affirming or reversing the judg- 
ment below. If the appellant shall fail to prosecute his appeal 
pursuant to the rules and practice hereinafter provided for. the 
Supreme Court shall affirm the judgment of the court be- 
low. Where the sentence in the court below includes a term 
of imprisonment and an appeal bond is given and approved 
in manner aforesaid, the Supreme Court, if it affirm the judg- 
ment below, shall sentence the appellant to a term of imprison- 
ment equal to that imposed by the court below, after deducting 
therefrom a period equal to the time of imprisonment, if any. 
already suffered by him under the sentence of the court below. 
The surety or sureties in any appeal bond given under the pro- 
visions of this section shall have the right at any time after its 
approval and until final judgment shall be rendered by the 
Supreme Court, and, in case the judgment of the court below 
shall be affirmed, until the expiration of the space of thirty 
days next following such affirmance, to take, wherever found, 
and render the appellant to the sheriff of the county in which 
he was sentenced; and a certified copy of the appeal bond shall 
be the sufficient warrant for such surety or sureties for such 
taking and rendering. If the Supreme Court shall reverse any 
judgment of the court below imposing a fine, and if the accused 



460 

shall have fully paid such fine and the costs of prosecution, the 
amount thereof shall be refunded to the appellant through a 
warrant drawn by the court below on the treasurer of the 
county in which the accused was sentenced. All the judges 
entitled to sit in the Supreme Court shall, as soon as con- 
veniently may be, meet at the usual place of sitting of said 
court, and they, or a majority of them, shall adopt rules pre- 
scribing the forms and conditions of appeal bonds to be used 
under the provisions of this section, and the manner of certi- 
fying copies thereof, providing for the printing or reduction to 
writing of all oral evidence in the cause in the court below and 
of the opinion of said court, for the certification of the same 
when so printed or reduced to writing, and of copies thereof; 
for the copying and certification of all documentary or other 
written or printed evidence in the cause in the court below 
and of the record therein; for the transmission to the Supreme 
Court of such certified copies of such record, and of all the evi- 
dence adduced in the court below and of the opinion of said 
court; for the transmission to the court below of a certified 
copy of the final judgment of the Supreme Court and of any 
additional sentence pronounced by said court, for the discharge 
of sureties in appeal bonds, and for the framing, issuance, ser- 
vice and enforcement of all process and rules necessary to give 
full effect to the provisions of this section ; and regulating gen- 
erally the practice and procedure of the Supreme Court 
and the court below in cases of appeal under this section. 
The said judges, or a majority of them, met as aforesaid, may 
also provide that when complaint shall be made in due form, 
prescribed by them, to any judge entitled to sit in the Su- 
preme Court, that any offence mentioned in Section 7 
of this Article has been committed in the county in which such 
judge shall reside, or out of the State, such judge shall have 
power to cause the person charged with such offense 
to be arrested within any county of this State and 
brought before him, and to bind him with sufficient 
surety, or, for want of bail, commit him for his 
appearance and answer at the next term of the Court of Gen- 
eral Sessions in such manner and under and pursuant to such 
rules and regulations as the said judges, or a majority of them, 
shall prescribe. From time to time hereafter, whenever a ma- 
jority of all the judges entitled to sit in the Supreme Court 



4 6.i 

shall so request, all of the judges so entitled shall, as 
soon as conveniently may be, meet at the usual place of sitting 
of said court; and they, or a majority of them, shall have power 
to revise, amend, add to or annul, any rule or rules theretofore 
adopted touching forms, practice or procedure in cases of ap- 
peal under this section, or arrest and binding or commitment 
for appearance and answer, in such manner and to such extent 
as in their judgment shall best serve to effectuate the purposes 
hereof. No person shall be adjudged guilty of any offence 
mentioned in Section J of this Article without the concurrence 
of all of the judges trying the case; and upon appeal no judg- 
ment of the court shall be affirmed without the concurrence of 
all of the judges of the Supreme Court sitting in the case, and 
their failure to concur as aforesaid shall operate as a reversal of 
the judgment of the court below; provided, however, that such 
concurrence of the judges sitting in the Supreme Court shall 
not be necessary for the affirmance of the judgment of the 
court below where the appellant shall fail to prosecute his ap- 
peal pursuant to the rules and practice herein provided for. 

Mr. Richards moved the adoption of Section 9, as fol- 
lows : 

Section 9. The enumeration of the offences mentioned 
in Section 7 of this Article shall not preclude the General As- 
sembly from defining and providing for the punishment of 
other offences against the freedom and purity of the ballot, or 
touching the conduct, returns or ascertainment of the result of 
general, special or municipal elections, or of primary elections, 
conventions or meetings held for the nomination of candidates 
to be voted for at general, special or municipal elections. No 
prosecution under any act of the General Assembly passed 
pursuant to this section shall be subject to the provisions of 
Section 8 of this Article. 

The motion Prevailed. 

Mr. Hearne moved to take up for consideration Article X, 
Education, 

Which motion Prevailed. 

Mr. Hearne moved to strike out the whole oi Article X. 



462 

Mr. Gilchrist moved that Article X be laid on the table 
for further consideration, 

Which motion Prevailed. 

Mr. Pratt moved to take up for consideration Article IX, 

Which motion Prevailed. 

Mr. Pratt moved the adoption of Section i, Article IX. 

Mr. Saulsbury moved to amend by adding in line six be- 
tween the words "corporation" and "or" the word "banks." 

Which amendment Prevailed. 

Mr. Spruance moved to amend further by adding in line 
six after the word banks, the words. ''Railroad Corporations, 
Street Railway Corporations." 

Pending consideration a motion to adjourn until 2.30 
o'clock, p. m., prevailed. 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

Recurring to the pending amendment offered by Mr. 
Spruance, 

The motion Was Lost. 

Air. Pratt moved the adoption of Section 1, as amended, 
as follows: 

Section 1. Xo corporation shall hereafter be created, 
amended, renewed or revived by special act, but only by or 
under general law. nor shall any existing corporate charter be 
amended, renewed, or revived by special act, but only by or 
under general law; but the foregoing provisions shall not apply 
to municipal corporations, banks or corporations for charita- 
ble, penal, reformatory or educational purposes, sustained in 
whole or in part by the State. The General Assembly shall, by 



463 

general law, provide for the revocation of forfeiture of the char- 
ters of all corporations for the abuse, misuse, or non-user of 
their corporate powers, privileges or franchises. Any proceed- 
ing for such revocation or forfeiture shall be taken by the At- 
torney General, as may be provided by law. No general in- 
corporation law, nor any special act of incorporation, shall be 
enacted without the concurrence of two-thirds of all the mem- 
bers elected to each House of the General Assembly. 

The motion Prevailed. 

Air. Pratt moved the adoption of Section 2, as follows: 

Section 2. No corporation in existence at the adoption 
of this Constitution shall have its charter amended or renewed 
without first filing, under the corporate seal of said corpora- 
tion, and duly attested, in the office of the Secretary of State, 
an acceptance of the provisions of this Constitution. 

The motion Prevailed. 

Mr! Pratt moved the adoption of Section 3, as follows: 

Section 3. Xo corportion shall issue stock, except for 
money paid, labor done or personal property, or real estate or 
leases thereof actually acquired by such corporation; and 
neither labor nor property shall be received in payment of 
stock at a greater price than the actual value at the time the 
said labor was done or property delivered or title acquired. 

The motion Prevailed. 

Air. Pratt moved the adoption of Section 4, as follows: 

Section 4. The rights, privileges, immunities and estates 
of religious societies and corporate bodies, except as herein 
otherwise provided, shall remain as if the Constitution of this 
State had not been altered. 

The motion Prevailed. 

Mr. Pratt moved the adoption of an addition Section, as 
follows: 

Section — . Xo corporation created under general law 
shall commence business until twenty per centum of its author- 



4 6 4 

ized capital shall have been paid into its treasury in cash ; nor 
shall the stock or bonded indebtedness of corporations be in- 
creased, except pursuant to general law, nor without the con- 
sent of the holders of a majority of the stock outstanding first 
obtained at a meeting called for the purpose, public notice 
thereof having been first given, as may be provided by law. 

The motion Was Lost. 

Mr. Pratt moved the adoption of an additional section to 
be known as Section 5, as follows: 

Section 5. Xo foreign corporation shall do any business 
in this State without having an authorized agent or agents in 
the State upon whom service of legal process may be served. 

The motion Prevailed. 

Air. Gilchrist moved that the vote by which Section 5 was 
adopted be reconsidered. 

Which motion Prevailed. 

Air. Pratt moved to amend by striking out in line four the 
words "service of," 

Which motion Prevailed. 

Mr. Spruance moved to further amend by inserting in line 
two between the words "State" and "without" the following 
words, "through or by branch offices, agents, or representa- 
tives located in this State," 

Which amendment Was Lost. 

Mr. Carlisle moved that the vote by which the amendment 
offered by Air. Spruance was lost, be reconsidered, 

Which motion Prevailed. 

Recurring to the amendment offered by Air. Spruance, it 
prevailed. 

Recurring to the motion for the adoption of Section 5, as 
amended, 



465 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Burris, Carlisle, Cavender, Clark, Cooch, 
Gilchrist, Horsey, Martin, Moore, Murray, Richards, Smith- 
ers, Spruance, Wright, Mr. President. 

Nays — Messrs. Cannon, Cooper, Dasey, Evans, Hearne, 
Hering, Pratt, Sapp, Saulsbury,. 

Yeas, 15; nays, 9. 

So the question was decided in the affirmative, and Sec- 
tion 5 was adopted, as amended, as follows: 

Section 5. No foreign corporation shall do any business 
in this State, through or by branch offices, agents or repre- 
sentatives located in the State, without having an authorized 
agent or agents in the State upon whom legal process may be 
served. 

Mr. Pratt moved the adoption of an additional section to 
be known as Section 6, as follows: 

Section 6. In all elections for directors or managers of 
stock corporations each shareholder shall be entitled to one 
vote for each share of stock he may hold. 

The motion Prevailed. 

Mr. Pratt moved that the sections from 1 to 6 inclusive, be 
adopted, as amended, as the whole, to be known as Article IX, 
title, Corporations, 

Which motion Prevailed. 

Motion to adjourn until to-morrow 10.30 o'clock, a. m., 
prevailed. 



30 -e 



466 



Thursday, May 20, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by a member, David S. Clark. 

Roll called. Members present: Messrs. Burris, Cannon, 
Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, Donahoe, 
Ellegood, Evans, Gilchrist, Hearne, Horsey, Hering, Martin, 
Moore, Murray, Orr, Pratt, Richards, Sapp, Saulsbury, Smith- 
ers, Spruance, Wright, Mr. President. 

Journal read and approved. 

M-r. Donahoe presented bill of Peter C. Gruwell for $250, 
which, upon his motion, was referred to Committee on Ac- 
counts. 

Mr. Gilchrist moved that Section 1, Article XIII, be taken 
from the table for consideration. 

Which motion Prevailed. 

Recurring to the pending amendment by Mr. Martin, to 
strike out all after the word "licenses" in line thirteen, 

Air. Martin moved that Section 1, Article XIII, with 
pending amendment be laid on the table for further considera- 
tion, 

Which motion Prevailed. 

Air. Gilchrist moved that Article X be taken up for con- 
sideration. 

Which motion Prevailed, 

Recurring to the pending motion of Air. Hearne, by unan- 
imous consent it was permitted to be withdrawn. 

Air. Gilchrist moved the adoption of Section 1, as follows: 



467 

Section 1. The General Assembly shall provide for the 
establishment and maintenance of a general and efficient sys- 
tem of free public schools, and may require by law that every 
chil-1, not physically or mentally disabled, shall attend the pub- 
lic school, unless educated by other means. 

The motion Prevailed. 

Mr. Martin moved that Section 2, Article X, be stricken 
out, 

Which motion Was Withdrawn. 

Mr. Cooch moved the adoption of Section 2, as follows: 

Section 2. In addition to the income of the investments 
of the Public School Fund, the General Assembly shall make 
provision for the annual payment of not less than one hundred 
thousand dollars for the benefit of the free public schools 
which, with the income of the investments of the Public School 
Fund, shall be annually apportioned among the school districts 
on the basis of a per diem for every day taught by each teacher 
in said districts, during the school year next preceding the 
time of such apportionment; and the money so apportioned 
shall be used exclusively for the payment of teachers' salaries 
and for furnishing free text books ; provided, however, that in 
such apportionment, no distinction shall be made on account 
of race or color, and separate schools for white and colored 
children shall be maintained. All other expenses connected 
with the maintenance of free public schools, and all expenses 
connected with the erection or repair of free public school 
buildings shall be defrayed in such manner as shall be provided 
by law. 

Mr. Gilchrist moved to amend Section 2 by striking out in 
line six the word "annually" and inserting in lieu thereof the 
word "equitably" and by striking out all after the word "dis- 
tricts" in line seven to and including the word "apportion- 
ment" in line ten, and inserting in lieu thereof the words "of 
the State as the General Assembly shall provide." 

The yeas and nays were ordered, which, being taken, were 
as follows: 



468 

Yeas — Messrs. Cannon, Cavender, Clark, Cooch, Dasey y 
Ellegood, Gilchrist, Hearne, Horsey, Hering, Martin, Rich- 
ards, Sapp, Saulsbury, Wright. 

Nays — Messrs. Moore, Murray, Orr, Pratt, Smithers,. 
Spruance, Mr. President. 

Yeas, 15; nays, 7. 

So the question was decided in the affirmative, and the 
amendment was adopted. 

Mr. Cooch moved to further amend Section 2, Article X r 
by striking out all after the word "provisions" in line three, 
down to and including the word "dollars" in the fourth line, 
also to strike out the word "benefit" in line four and insert in 
lieu thereof the word "maintenance." 

Pending consideration a motion to adjourn until 2 o'clock, 
p. m., prevailed. 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

Recurring to the amendment offered by Mr. Cooch, 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Cavender, Cooch, Cooper, Dasey, Dona- 
hoe, Evans, Horsey, Martin, Sapp, Saulsbury, Mr. President. 

Nays — Messrs. Burris, Cannon, Clark, Ellegood, Gil- 
christ, Hearne, Hering, Moore, Murray, Orr, Pratt, Richards, 
Smithers, Spruance, Wright. 

Yeas, 11 ; nays, 15. 

So the question was decided in the negative, and the 
amendment was lost. 



469 

Mr. Cooper moved to further amend Section 2, to strike 
out the part remaining in line ten, and all of lines eleven and 
twelve down to and including the word books, 

Which motion Was Lost. 

Recurring to the motion for the adoption of Section 2, as 
amended, 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Burris, Cannon, Clark, Cooch, Ellegood, 
Gilchrist, Hearne, Hering, Moore, Murray, Orr, Pratt, Rich- 
ards, Smithers, Spruance, Wright. 

Nays — -Messrs. Cavender, Cooper, Dasey, Donahoe. 
Evans, Horsey, Martin, Sapp, Saulsbury, Mr. President. 

Yeas, 16; nays, 10. 

So the question was decided in the affirmative, and Sec- 
tion 2, as amended, was adopted, as follows: 

Section 2. In addition to the income of the investments 
of the Public School Fund, the General Assembly shall make 
provision for the annual payment of not less than one hundred 
thousand dollars for the benefit of the free public schools 
which, with the income of the investments of the Public School 
Fund, shall be equitably apportioned among the school dis- 
trictsof the State as the General Assembly shall provide; and 
the money so apportioned shall be used exclusively for the 
payment of teachers' salaries and for furnishing free text books; 
provided, however, that in such apportionment, no distinction 
shall be made on account of race or color, and separate schools 
for white and colored children shall be maintained. All other 
expenses connected with the maintenance of free public 
schools, and all expenses connected with the erection or re- 
pair of free public school buildings shall be defrayed in such 
manner as shall be provided by law. 

Mr. Gilchrist moved the adoption of Section 3. 

Mr. Clark moved to amend by striking out all of Section 
3, after the word "school" in line five. 



470 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Burris, Cannon, Clark, Cooper, Horsey, 
Moore, Pratt, Richards, Sapp, Smithers, Wright. 

Nays — Messrs. Cavender, Cooch, Dasey, Donahoe, 
Evans, Gilchrist, Hearne, Hering, Martin, Murray, Orr, 
Saulsbury, Spruance, Mr. President. 

Yeas, ii ; nays, 14. 

So the question was decided in the negative, and the 
amendment was lost. 

Recurring to the motion for the adoption of Section 3, it 
prevailed, 

And Section 3 was adopted, as follows: 

Section 3. No portion of any fund now existing, or which 
may hereafter be appropriated, or raised by tax, for educa- 
tional purposes, shall be appropriated to, or used by. or in aid 
of any sectarian, church or denominational school ; provided, 
that all real and personal property used for school purposes, 
where the tuition is free, shall be exempt from taxation and 
assessment for public purposes. 

Mr. Gilchrist moved the adoption of Section 4, as follows: 

Section 4. No part of the principal or income of the Pub- 
lic School Fund, now or hereafter existing, shall be used for 
any other purpose than the support of free public schools. 

The motion Prevailed. 

Mr. Gilchrist moved that Sections 1 to 4 inclusive, as- 
amended, be adopted as a whole, to be known as Article X, 
title, Education, 

Which motion Prevailed. 

Mr. Gilchrist moved that Section 1, Article XIII, be taken 
from the table for consideration, 

Which motion Was Lost. 



47i 

Mr. Richards moved that Section 6, Article XV, be taken 
from the table for consideration, 

Which motion Prevailed. 

Mr. Wright moved the adoption of Section 6, Article XV. 

Mr. Spruance moved to amend Section 6 by striking out 
in lines two and three the words "and shall be removed by the 
Governor on conviction," and insert in lieu thereof the words, 
"the Governor shall remove from office any public officer con- 
victed," 

Which motion Prevailed. 

Mr. Spruance moved the adoption of Section 6, as amend- 
ed, 

Which motion Prevailed. 

And Section 6, Article XV, was adopted, as follows: 

Section 6. All public officers shall hold their officer on 
condition that they behave themselves well. The Governor 
shall remove from office any public officer convicted of misbe- 
havior in office or of any infamous crime. 

Mr. Spruance moved that Sections I to 8, inclusive, as 
amended, be adopted as a whole, to be known as Article XV, 
title, Miscellaneous, 

Which motion Prevailed. 

Motion to adjourn until to-morrow, 10.30 o'clock, a. m., 
prevailed. 



472 



Friday, May 21 , 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. J. B. Turner. 

Roll called. Members present: Messrs. Burris, Cannon, 
Carlisle, Cavender, Clark, Cooch, Cooper, Donahoe, Ellegood, 
Gilchrist, Hearne, Hering, Martin, Moore, Murray, Pratt, 
Richards, Sapp, Saulsbury, Smithers, Spruance, Wright, Mr. 
President. 

Journal read and approved. 

Mr. Ellegood presented an Article, which, upon his 
motion, was read, as follows: 

ARTICLE — . 

RAILROADS. 

Section 1. A Commission is hereby established to be 
known as "The Railroad Commission'' which shall be com- 
posed of three members, one of whom shall reside in each 
county of the State. Any two of them shall constitute a quor- 
um for the transaction of business. 

Section 2. The said Commissioners shall be appointed by 
the Governor, by and with the consent of a majority of all the 
members elected to the Senate, one for the term of one year, 
one for the term of two years and one for the term of three 
years; and thereafter all appointments of members of said 
Railroad Commission shall be made as aforesaid for the term 
of three years, and they shall hold office until their successors 
are duly qualified: provided, that any vacancy occurring in the 
said Railroad Commission before the expiration of a term 
shall be filled by appointment as aforesaid for the remainder of 
the term; and provided further, that in case such vacancy shall 



473 

occur when the Senate is not in session, such vacancy may be 
■filled by the Governor without confirmation by the Senate un- 
til the end of the next session of the Senate. 

Section 3. The said Railroad Commission shall have 
power to investigate any grievances committed by any com- 
mon carrier or transportation company touching freight 
charges or efficiency of transportation, and upon complaint to 
the Attorney General, he shall have power to institute and 
prosecute proceedings for the redress of such grievances in 
such manner as shall be prescribed by law. 

Section 4. No person in the service of any railroad or 
common carrier company or corporation, or of any firm or as- 
sociation conducting business as a common carrier, or in any- 
wise pecuniarily interested in such company, corporation, firm 
or association, or in the railroad business, or as a common 
carrier, shall hold the office of Railroad Commissioner. 

Section 5. The General Assembly shall provide by law 
for the compensation of the members of said Commission. 

And further, on Mr. Ellegood's motion, it was laid on the 
table for further consideration. 

Mr. Spruance moved to take up for consideration the 
sections passed over in .Article III, 

Which motion Prevailed. 

Mr. Spruance moved the adoption of Section 3, Article 
III. 

Mr. Spruance moved to amend by striking out the words 
"an additional" in line eighteen and inserting in lieu thereof 
the word "the," 

Which motion Prevailed. 

Mr. Spruance moved the adoption of Section 3, as amend- 
ed, 

Which motion Prevailed. 

And Section 3, Article III, was adopted, as follows: 



474 

Section 3. The returns of every election for Governor 
shall be sealed up, and immediately transmitted to the Presi- 
dent of the Senate, or in case of a vacancy in the office of 
President of the Senate, or his absence from the State, to the 
Secretary of State, who shall keep the same until a President of 
the Senate shall be chosen, to whom they shall be immediately 
transmitted after his election, who shall open and publish the 
same in the presence of the members of both Houses of the 
General Assembly. Duplicates of the said returns shall also 
be immediately lodged with the Prothonotary of each county. 
The person having the highest number of votes shall be Gov- 
ernor; but if two or more shall be equal in the highest number 
of votes, the members of the two Houses shall, by joint ballot, 
choose one of them to be Governor; and if, upon such ballot, 
two or more of them shall still be equal and highest in votes, 
the President of the Senate shall have the casting vote. 

Mr. Spruance moved the adoption of Section 7, Article 
III, as follows: 

Section 7. Xo member of Congress, nor person holding 
any office under the United States or this State, shall hold or 
exercise the office of Governor. 

The motion Was Withdrawn. 

Air. Spruance moved to strike out Section 7, Article III, 

Which motion Prevailed. 

Air. Spruance moved the adoption of Section 20, Article 
III. 

Recurring to the pending amendments to insert in line 
eight between the words "or" and "as" the words "while act- 
ing," it was lost. 

Mr. Richards moved to amend Section 20, by adding after 
the word "pardons" in line eight, the following words, "when- 
ever attending the sessions of said Board," 

Which motion Prevailed. 



475 

Mr. Spruance moved to further amend Section 20, by in- 
serting in line nine, between the words "compensation" and 
"as" the words "per day", 

Which motion Prevailed. 

Mr. Spruance moved the adoption of Section 20, Article 
III, as amended, 

Which motion Prevailed. 

And Section 20, Article III, was adopted, as follows: 

Section 20. A Lieutenant Governor shall be chosen at 
the same time, in the same manner, for the same term, and 
subject to the same provisions as the Governor; he shall 
possess the same qualifications of eligibility for office as the 
Governor; he shall be President of the Senate, but shall have 
no vote unless the Senate be equally divided. 

The Lieutenant Governor while acting as President of the 
Senate, or as a member of the Board of Pardons, whenever at- 
tending the sessions of said board shall receive for his services 
the same compensation per day as the Speaker of the House of 
Representatives. 

Mr. Spruance moved the adoption of Section 21, Article 
III, as follows: 

Section 21. In case the person elected Governor shall 
die or become disqualified before the commencement of his 
term of office, or shall refuse to take the same, or in case of the 
removal of the Governor from office, or of his death, resigna- 
tion, or inability to discharge the powers and duties of the said 
office, the same shall devolve on the Lieutenant Governor; and 
in case of removal, death, resignation, or inability of both the 
Governor and Lieutenant Governor, the Secretary of State, 
or if there be none, or in case of his removal, death, resigna- 
tion, or inability, then the Attorney General, or if there be none. 
or in the case of his removal, death, resignation, or inability. 
then the President pro tempore of the Senate, or if there be 
none, or in case of his removal, death, resignation, or inability. 
then the Speaker of the House of Representatives shall act as 



4?6 

Governor until the disability of the Governor or Lieutenant 
Governor is removed, or a Governor shall be duly elected and 
qualified. 

The foregoing provisions of this section shall apply only 
to such persons as are elegible to the office of Governor under 
this Constitution at the time the powers and duties of the office 
of Governor shall devolve upon them respectively. 

Whenever the powers and duties of the office of Governor 
shall devolve upon the Lieutenant Governor, Secretary of State 
or Attorney General, his office shall become vacant;. and when- 
ever the powers and duties of the office of Governor shall de- 
volve upon the President pro tempore of the Senate, or the 
Speaker of the House of Representatives, his seat as a member 
of the General Assembly shall become vacant; and any such 
vacancy shall be filled as directed by this Constitution; pro- 
vided, however, that such vacancy shall not be created in case 
either of the said persons shall be acting as Governor during 
a temporary disability of the Governor. 

The motion Prevailed. 

Mr. Spr nance moved that Section 8, Article III, be Sec- 
tion 7, and that the remaining sections be numbered consecu- 
tively, 

Which motion Prevailed. 

Mr. Saulsbury moved- that Sections i to 23, inclusive, as 
amended, be adopted as a whole, to be known as Article III, 
title, Executive, 

Which motion Prevailed. 

Mr. Saulsbury asked unanimous consent to change in line 
eight, page 100, the words "Section 19 to Section 18," to con- 
form to the renumbering of Article III, 

Which was Agreed to. 

Mr. Spruance moved that Section 6, Article V, be taken 
from the table for consideration, 

Which motion Prevailed. 



477 

Mr. Spruance moved the adoption of Section 6, Article V. 

Mr. Spruance moved to amend Section 6 by striking out 
all of Section 6 down to and including the word "it" in line 
twelve, and substitute as follows : 

Section 6. The presiding election officer of each hundred 
or election district, on the day next after the general election, 
shall deliver one of the certificates of the election, made and 
certified as required by law, together with the ballot box or 
ballot boxes, containing the ballots and other papers required 
by law to be placed therein, to the Prothonotary of the Super- 
ior Court of the county, who shall at twelve o'clock noon, on 
the second day after the election present the same to the said 
court, and the election officer or officers having charge of any 
other certificate or certificates of the election shall at the same 
time present the same to the said court, and the said court shall 
at the same time convene for the performance of the duties 
hereby imposed upon it. 

The amendment Was adopted. 

Mr. Spruance moved to further amend Section 6, by 
changing the word "certificate" in line nineteen to "certifi- 
cates" and inserting in line twenty between the words "pro- 
duced" and "or" the words "or in case the certificates produced 
do not agree," 

Which amendment Was adopted. 

Mr. Spruance moved the adoption of Section 6, as amend- 
ed, 

Which motion Prevailed. 

And Section 6, Article V, was adopted, as follows: 

Section 6. The presiding election officer of each hundred 
or election district on the day next after the general election 
shall deliver one of the certificates of the election, made and 
certified as required by law, together with the ballot box or 
ballot boxes, containing the ballots and other papers required 
by law to be placed therein, to the Prothonotary of the Super- 
ior Court of the county, who shall at twelve o'clock noon on 



478 

the second day after the election present the same to the said 
court, and the election officer or officers having charge of any 
other certificate or certificates of the election shall at the same 
time present the same to the said court and the said court shall 
at the same time convene for the performance of the duties 
hereby imposed upon it; and thereupon the said court, with the 
aid of such of its officers and such sworn assistants as it shall 
appoint, shall publicly ascertain the state of the election 
throughout the county, by calculating the ag-gregate amount 
of all the votes for each office that shall be given in all the hun- 
dreds and election districts of the county for every person 
voted for for such office. 

In case the certificates of election of any hundred or elec- 
tion district shall not be produced, or in case the certificates 
produced do not agree or in case of complaint under oath 
of fraud or mistake in any such certificate, or in case 
fraud or mistake is apparent on the face of any such certificate, 
the court shall have power to issue summary process against 
the election officers or any other persons to bring them forth- 
with into court with the election papers in their possession or 
control, and to open the ballot boxes and take therefrom any 
paper contained therein, and to make a recount of the ballots 
contained therein, and to correct any fraud or mistake in any 
certificate or paper relating to such election. 

The said court shall have all other the jurisdiction and 
powers now vested by law in the Boards of Canvass, and such 
other powers as shall be provided by law. 

After the state of the election shall have been ascertained 
as aforesaid, the said court shall make certificates thereof, un- 
der the seal of said court, in the form required by law, and 
transmit, deliver and lodge the same as required by this Consti- 
tution or by law, and deliver the ballot boxes to the sheriff of 
the county, to be by him kept and delherec as required by law. 

No act or determination of the court in the discharge of 
the duties imposed upon it by this section shall be conclusive 
in the trial of any contested election. 

For the purposes of this section the Superior Court shall 
consist in New Castle county of the Chief Justice and the resi- 



479 

dent Associate Judge; in Kent county of the Chancellor and 
the resident Associate Judge; and in Sussex county of the res- 
ident Associate Judge and the remaining Associate Judge. 

Two shall constitute a quorum. The Governor shall have 
power to commission a judge for the purpose of constituting a 
quorum when by reason of legal exception to the Chancellor 
or any judge, or for any other cause, a quorum could not 
otherwise be had. 

Mr. Richards moved that Sections I to 9 inclusive be 
adopted as a whole to be known as Article V, title, Elections, . 

Which motion Prevailed. 

Mr. Cooch moved the vote by which Article XV was 
adopted be reconsidered, 

Which motion Prevailed. 

Mr. Cooch moved an additional section be added to Arti- 
cle XV, as follows : 

Xo ordained clergyman or ordained preacher of the gospel 
of any denomination shall be capable of holding any civil 
office in this State, or of being a member of either branch of 
the General Assembly, while he continues in the exercise of 
the pastoral charge. 

The yeas and nays were ordered, which, being taken, were 
as follows : 

Yeas — Messrs. Cavender, Cooch, Cooper, Donahoe, 
Evans, Hearne, Martin, Sapp, Mr. President. 

Nays — -Messrs. Burris, Cannon, Carlisle, Clark, Gilchrist, 
Hering, Moore, Pratt, Richards, Saulsbury, Smithers, Spru- 
ance, Wright. 

Yeas, 9; nays, 13. 

So the question was decided in the negative, and the 
amendment was lost. 

Mr. Pratt moved an additional section be added to Article 
XV, as follows: 



480 

After the adoption of this Constitution no person shall be 
permitted to serve as a grand or petit juror in this State, unless 
he be of good moral character and shall be able to read this 
Constitution in the English language and write his name. 

Pending consideration a motion to adjourn until 2 o'clock, 
p. m., prevailed. 



XV 



Same Day, 2 o'clock, p. m. 
Convention met pursuant to adjournment. 
Recurring to the motion of Air. Pratt to add to Article 



The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Cannon, Gilchrist, Hearne, Moore, Pratt, 
Sapp, Wright. 

Nays — -Messrs. Burris, Cavender, Cooch, Evans, Rich- 
ards, Saulsbury, Smithers, Spruance, Mr. President. 

Yeas, 7; nays, 9. 

So the question was decided in the negative, and the 
motion was lost. 

Air. Cooch moved that Article XY be, without change, 
adopted as a whole, 

Which motion Prevailed. 

Air. Gilchrist moved that Section 1, Article XIII, be taken 
from the table for consideration, 

Which motion Prevailed. 

Recurring to the pending amendment to strike out all 
after "license" in line thirteen, 



48 1 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Carlisle, Cavender, Cooch, Donahoe,, 
Evans, Hearne, Martin, Spruance, Mr. President. 

Nays — Messrs. Bnrris, Cannon, Clark, Cooper, Ellegood. 
Gilchrist, Moore, Richards, Sapp, Smithers, Wright. 

Yeas, 9; nays, 1 1. 

So the question was decided in the negative, and the 
amendment declared lost.. 

Mr. Gilchrist moved the adoption of Section 1, Article 
XIII, as amended. 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Burris, Cannon, Clark, Cooper, Ellegood, 
Gilchrist, Moore, Pratt, Richards, Sapp, Smithers, Wright. 

Nays — Messrs. Carlisle, Cavender, Cooch, Donahoe, 
Evans, Hearne, Martin, Spruance, Mr. President. 

Yeas, 12; nays, 9. 

So the question was decided in the affirmative, and Sec- 
tion i, Article XIII, was adopted, as follows: 

Section 1. The General Assembly may, from time to 
time, provide by law for the submission to the vote 
of the qualified electors of the several districts of the 
State, or any of them, mentioned in Section 2 of 
this Article, the question whether the manufacture and 
sale of intoxicating liquors shall be licensed or prohibited 
within the limits thereof; and in every district in which there is 
a majority against license, no person, firm or corporation shall 
thereafter manufacture or sell spirituous, vinous or malt 
liquors, except for medicinal or sacramental purposes, within 
said district, until at a subsequent submission of such question 
a majority of votes shall be cast in said district for license. 
Whenever a majority of all the members elected to each 1 louse 
of the General Assembly by the qualified electors in any dis- 

31 -c 



482 

trict named in Section 2 of this Article shall request the sub- 
mission of the question of license or no license to a vote of the 
qualified electors in said district, the General Assembly shall - 
provide for the submission of such question to the qualified 
electors in such district at the next general election thereafter. 

Upon motion by Mr. Gilchrist Sections 1 to 3 were adopt- 
ed as a whole to be known as Article XIII, title, Local Option. 

Mr. Cooch moved to take from the table for consideration 
the proposed Article, Railroads, 

Which motion Prevailed. 

Mr. Ellegood moved the adoption of Sections 1 to 5 inclu- 
sive. 

Mr. Ellegood moved it be laid on the table for further 
consideration, 

Which motion Was Lost. 

Recurring to the original motion for adoption, 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Cannon, Ellegood, Moore, Wright. 

Nays — Messrs. Burris, Carlisle, Cavender, Clark, Cooch, 
Cooper, Donahoe, Evans, Hearne, Hering, Martin, Pratt, 
Richards, Sapp, Saulsbury, Smithers, Spruance, Mr. President. 

Yeas, 4; nays, 18. 

So the question was decided in the negative, and the pro- 
posed Article was rejected. 

Mr. Cavender moved that when we adjourn it will be to 
meet Wednesday next at 10.30 o'clock, a. m. 

Mr. Pratt moved to amend by making it Thursday, 

W r hich amendment Was Lost. 



4^3 

Recurring to the original motion, it prevailed. 

Motion to adjourn until next Wednesday, May 26th, at 
10.30 o'clock, a. m., prevailed. 



4 8 4 



Wednesday, May 26, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Chaplain. 

Roll called. Members present: Messrs. Burris, Cannon. 
Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, Donahoe, 
Ellegood, Evans, Gilchrist, Hearne, Horsey, Hering, John- 
son, Moore, Murray, Orr, Richards, Saulsbury, Smithers, 
Spruance, Wright, Mr. President. 

Journal read and approA'ed . 

The following bills were presented: 

By Mr. Ellegood, bill of Guyer & Hardesty, for $481.20. 

By Mr. Saulsbury, bill of Dover Index, for 80.00. 

By Mr. Donahoe, bill of Thomas Rossiter, for 86.00 

By Mr. Donahoe, bill of J. D. Deane, for 30.99 

By Air. Hering, bill of State Sentinel Printing Co., for. 3.0a 

Which, upon their respective motions, were referred to the 
Committee on Accounts. 

Air. Saulsbury moved that the Committee on Phraseology 
and Arrangement be authorized to have the proposed Consti- 
tution properly enrolled.. 

Which motion Prevailed. 

Air. Cooch presented a petition, which, upon his motion,, 
was read, as follows: 

PETITION. 

To the Constitutional Convention of the State of Delaware, 
1896-97: 

We, the undersigned, citizens of the State of Delaware, 



4§5 

and residents of the City of Wilmington, believing that the 
Constitution of a State can have no rightful validity unless 
ratified by the people, .respectfully petition your honorable 
body to take measures to submit the new Constitution, which 
you are now preparing, to a vote of the people for their ap- 
proval or rejection. 

Any other course on the part of your honorable body will 
detract from the high estimation with which we regard you, 
and will tend to show that you distrust the people and have a 
-desire to override their will. 

To which were attached about iooo names (not read). 

Mr. Cooch moved that the petition be referred to the 
Committee on Submitting the Constitution to the People for 
Ratification, 

Which motion Prevailed. 

Mr. Saulsbury asked unanimous consent to strike out in 
Article IV, Section 30, line two, on page 60, the word "them" 
and insert in lieu thereof the word "it", which was granted. 

Mr. Cooch, on part of the Committee on Phraseology, re- 
ported that the Schedule could be ready for submission at the 
.afternoon session. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Murray, on behalf of Committee on Accounts, pre- 
sented the following report: 

The Committee on Accounts, to whom was referred the 
bill of (luyer & Hardesty, submit the following report: 

Resolved, That the President of this Convention be. and 



486 

he is hereby authorized to draw his warrant upon the State 
Treasurer in favor of Guyer & Hardesty, for the sum of four 
hundred and eighty-one dollars and twenty cents ($481.20), for 
stenographic reporting. 

Mr. Murray moved the report be accepted and resolution 
adopted, 

Which motion Prevailed. 

Air. Cooch presented bill of Committee on Stenographer, 
and, on his motion, it was referred to the Committee on Ac- 
counts. 

Mr. Evans, on behalf of the Committee on Stenographer, 
reported, recommending that one copy of the Stenographic 
Report be placed with the Secretary of State and one copy 
with each of the Prothonotaries of New Castle, Kent and Sus- 
sex Counties, respectively. 

Mr. Spruance moved that the report be laid on the table 
for further consideration, 

Which motion Prevailed. 

Mr. Cooch, on part of the Committee on Phraseology and 
Arrangement, reported the Schedule completed and in the 
hands of the printer, to be ready for distribution at to-morrow's 
morning session. 

Motion to adjourn until to-morrow, 10.30 o'clock, a. m., 
prevailed. 



4 8 7 



Thursday, May 27, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. J. H. Beauchamp. 

Roll called. Members present: Messrs. Burris, Can- 
non, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, Dona- 
hoe, Ellegood, Evans, Gilchrist, Hearne, Horsey, Hering, 
Johnson, Martin, Moore, Murray, Orr, Pratt, Richards, Sapp, 
Saulsbury, Smith ers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Ellegood presented a resolution, which, upon his mo- 
tion, was read, as follows: 

Resolved, That the Secretary of the Constitutional Con- 
vention and the Secretary of the Committee of the Whole of 
said Convention, be and they -are hereby authorized and direct- 
ed to have five hundred copies of each of their respective jour- 
nals of the proceedings of the Convention and the Committee 
of the Whole of the same printed in octavo, bound together, 
in long primer or ten point type, so as to contain at least forty- 
five lines on a page, with the yeas and nays in line in compact 
form, with an index of the same. The said Secretaries shall 
immediately after adjournment of the Convention advertise for 
three weeks in two newspapers of the State for proposals for 
printing their journal, and shall accept the lowest and most 
advantageous proposal; when done and approved the Secre- 
taries shall certify to the State Treasurer the sum due, state the 
price, pages, and all items of charge, which shall be paid by 
said State Treasurer. The journals shall be distributed as fol- 
lows: Fifty copies to the Secretary of State's office to be 
bound and distributed in international exchange; thirty-two 
copies to the Convention and the remainder to the Prothono- 



48S 

taries of the several counties equally, to be given to each citi- 
zen who may apply for the same. 

Mr. Spruance moved the same be referred to Committee 
on Printing-, 

Which motion Prevailed. 

The following bills were presented: 

By Mr. Saulsbury, for James A. Clifton, $11-25. 

By Mr. Ellegood, for R. H. VanDyke, 12.25. 

By Mr. Saulsbury, for W. H. Boyce, 30.00. 

Which, upon their respective motions, were referred to 
the Committee on Accounts. 

Mr. Cooch, on part of the Committee on Phraseology and 
Arrangenment, submitted the printed Schedule, which, upon 
his motion, was read, as follows: 

SCHEDULE. 

That no inconvenience may arise from the amendments 
of the Constitution of this State, and in order to carry the same 
into complete operation, it is hereby declared and ordained, as 
follows : 

Section 1. The President Of this Convention, imme- 
diately on its adjournment, shall deliver the enrolled copy of 
this amended Constitution to the Secretary of State, who shall 
file the same in his office, and cause it to be published three 
times in two newspapers in each county of the State. 

Section 2. This amended Constitution shall take effect 
on the day of in the year one thousand 

eight hundred and ninety , for all purposes not 

otherwise provided. 

Section 3. The offices of the present Senators and Rep- 
resentatives shall not be Vacated or otherwise affected by this 
amended Constitution, except that the Senators whose terms 
do not expire on the day of the next general election shall 
thereafter represent the districts in which they now reside un- 
til the end of the terms for which they were elected. 



4 8 9 

At the general election to be held in the year one thous- 
and eight hundred and ninety-eight, there shall be elected 
from each of the even numbered Senatorial Districts in the 
State, except district Number Two in New Castle county, dis- 
trict Number Four in Kent county, and district Number Two 
in Sussex county, a Senator for the term of two years, and 
from each of the odd numbered Senatorial Districts in the State 
a Senator for the term of four years. 

And thereafter, as the said terms shall from time to time 
expire, a Senator shall be elected from each of the said Sena- 
torial Districts for the full term of four years. 

At the general election to be held in the year one thous- 
and eight hundred and ninety-eight, there shall be elected in 
each Representative District in the State one Representative 
for the term of two years. 

Section 4. The terms of Senators and Representatives 
shall begin on the day next after their election. 

Section 5. The first general election under this amended 
Constitution shall be held on the Tuesday next after the first 
Monday in the month of November in the year one thousand 
eight hundred and ninety-eight. 

Section 6. The term of office of the present Governor 
shall not be vacated, or in anywise affected by this amended 
Constitution. 

Section 7. All persons in office in this State at the time 
this amended Constitution shall take effect shall hold their res- 
pective offices until the term for which they have been elected 
or appointed shall expire, and until their successors shall be 
duly qualified, unless otherwise provided in this amended Con- 
stitution or Schedule. 

Upon the expiration of the term of any person now in 
office the vacancy shah be filled in the same manner as is pro- 
vided in this amended Constitution in case of vacancy happen- 
ing before the expiration of the term of office. 

The successors of all persons holding State and county 
offices heretofore elective or made elective by this amended 



49Q 

Constitution at the time the same shall take effect shall be 
elected at the general election next before the first Tuesday in 
January next after the expiration of their terms of office, except 
in cases otherwise provided for in this amended Constitution 
or Schedule. 

Section 8. The terms of office of all elective State and 
county officers shall commence on the first Tuesday in Jan- 
uary next after their election, unless otherwise provided in 
this amended Constitution or Schedule. 

Section 9. This Constitution as amended, so far as shall 
concern the judicial department, shall take effect from and 
after the dav of in the year one thousand 

eight hundred and ninety . All the courts of justice 

now existing shall continue with their present jurisdiction, and 
the Chancellor and judges shall continue in office until the 
said day of in the year one thousand eight 

hundred and ninety : upon which day the said courts 

shall be abolished, and the offices of the said Chancellor and 
judges shall expire. 

All writs of error, and appeals and proceedings which, on 
the said day of in the year one thousand eight 

hundred and ninety , shall be depending in the Court 

of Errors and Appeals, and all the books, records and papers 
of said court, shall be transferred to the Supreme Court estab- 
lished by this amended Constitution: and the said writs of 
error, appeals and proceedings shall be proceeded in the Su- 
preme Court to final judgment, decree or other determination. 

All suits, proceedings, and matters which, on the said 
day of in the year one thousand eight hun- 

dred and ninety . shall be depending in the Superior 

Court, and all books, records and papers of the said court, 
shall be transferred to the Superior Court established by this 
amended Constitution, and the said suits, proceedings and 
matters shall be proceeded in to final iud°fment. or determina- 
tion, in the said Superior Court established by this amended 
Constitution. 



491 

All indictments, proceedings and matters which, on the 
said day of in the year one thousand eight 

hundred and ninety , shall be depending in the Court 

of General Sessions of the Peace and Jail Delivery, shall be 
transferred to and proceeded in to final judgment and deter- 
mination in the Court of General Sessions established by this 
amended Constitution, and all books, records and papers of 
said Court of General Sessions of the Peace and Jail Delivery 
shall be transferred to the said Court of General Sessions. 

All indictments, proceedings and matters which, on the 
said day of in the year one thousand eight 

hundred and ninety , shall be depending in the Court 

of Oyer and Terminer, shall be transferred to and proceeded 
in to final judgment and determination in the Court of Oyer 
and Terminer established by this amended Constitution, and 
all books, records and papers of said Court of Oyer and Ter- 
miner shall be transferred to the said Court of Oyer and Ter- 
miner established by this amended Constitution 

All suits, proceedings and matters which, on the said 
day of , in the year one thousand eight hun- 

dred and ninety , shall be depending in the Court of 

Chancery, or in the Orphans' Court, and all records, books 
and papers of said courts respectively, shall be transferred to 
the Court of Chancery or Orphans' Court respectively, estab- 
lished by this amended Constitution; and the suits, proceed- 
ings and matters, shall be proceeded in to final decree, order or 
other determination. 

Section to. Unless otherwise provided, the Registers' 
Courts and the jurisdiction of Justices of the Peace shall not 
be affected by this amended Constitution . 

Section it. If the Chancellor, Chief Justice, or any As- 
sociate Judge in office at the time this amended Constitution 
shall take effect shall not be appointed Chancellor, Chief Jus- 
tice or Associate Judge under this amended Constitution, he 
shall be entitled to receive one year's compensation, as now 
provided by law, after the expiration of his term of service. 

Section 12. The first biennial Session of the General As- 
sembly under this amended Constitution shall commence on 



492 

the first Tuesday in January in the year one thousand eight 
hundred and ninety-nine. 

Section 13. The provisions of Section 15 of Article II of 
this amended Constitution relating to the amount of the com- 
pensation of the members of the General Assembly and the 
presiding officers of the respective Houses shall not apply to 
any adjourned, special or extra session of the General Assem- 
bly held prior to the first Tuesday in January in the year one 
thousand eight hundred and ninety-nine. 

Section 14. The provision of Section 1 of Article IX of 
this amended Constitution that "No corporation shall hereafter 
be created, amended, renewed or revived by special act, but 
only by or under general law, nor shall any existing corporate 
charter be amended, renewed or revived by special act, but 
only by or under general law," shall not take effect until the 
General Assembly shall enact a general law as provided for in 
said section. 

Section 15. All the laws of this State existing at the time 
this Constitution shall take effect, and not inconsistent with it, 
shall remain in force, except so far as they shall be altered by 
future laws. 

Section 16. The General Assembly, as soon as conven- 
iently may- be after this Constitution shall take effect, shall 
enact all laws necessary or proper for carrying out the provis- 
ions thereof. 

Done in Convention, the day of , in the 

year of our Lord one thousand eight hundred and ninety- 
seven and of the Independence of the United States of Amer- 
ica the one hunclrd and twenty-second. 

In Testimony Whereof, we have hereunto subscribed our 
names. 

Mr. Cooch moved the report containing the Schedule be 
referred to the Committee of the Whole, 

Which motion Prevailed. 



493 

On motion of Mr. Cooch, the Convention resolved itself 
into Committee of the Whole for the consideration of the 
Schedule report of the Committee on Phraseology and Ar- 
rangement, 

Mr. Martin in the chair. 

After some time spent therein, the Committee of the 
Whole rose. 

The President resumed the chair, when Mr. Martin re- 
ported that the Committee of the Whole, having had under 
consideration the Schedule report of the Committee on Phrase- 
ology and Arrangement, report progress and ask leave to sit 
again. 

Mr. Dasey moved that the Committee of the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Ellegood presented bill of Thomas M. Gooden, $21.00, 
which, upon his motion, was referred to Committee on Ac- 
counts. 

Mr. Ellegood moved that the Committee on Accounts be 
increased to 9 members, 

Which motion Prevailed. 

On motion of Mr. Cooch the Convention resolved itself 
into Committee of the Whole for the consideration of the re- 
port of the Committee on Phraseology and Arrangement on 
Schedule, 

Mr. Martin in the chair. 



494 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Martin re- 
ported that the Committee of the Whole, having had under 
consideration the Schedule report of the Committee on Phrase- 
ology and Arrangement, report progress and ask leave to sit 
again. 

Mr. Martin moved that the Committee of <the Whole have 
leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until to-morrow, 10.30 o'clock, a. m., 
prevailed. 



495 



Friday, May 28, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. J. H. Beauchamp. 

Roll called. Members present: Messrs. Burris, Cannon, 
Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, Donahoe, 
Ellegood, Evans, Gilchrist, Hearne, Horsey, Hering, John- 
son, Martin, Moore, Murray, Orr, Pratt, Richards, Sapp, 
Saulsbury, Smithers, Spruance, Wright, Mr. President. 

Journal read and approved. 

Mr. Saulsbury, from the Committee on Accounts, sub- 
mitted the following report: 

The Committee on Accounts recommends the adoption of 
the following resolution: 

Resolved, That the President of the Convention be, and 
he is hereby authorized to draw warrants upon the State Treas- 
urer as follows: In favor of Charles B. Evans, $15.50, for ex- 
penses of Committee in Stenography; in favor of W. D. Mc- 
Gloghlon, $1.50, for repairing; in favor of James S. Godwin, 
$3.25, for rent of chairs; in favor of Joshua D. Deane, $30.99, 
for newspapers, 

Which, upon Mr. Saulsbury's motion, was accepted and 
the resolution adopted. 

The President announced the following members added 
to the Committee on Accounts: Evans, Hering and Hearne. 

On motion of Mr. Cooch, the Convention resolved itself 
into Committee of the Whole for the consideration of the re- 
port of the Committee on Phraseology and Arrangement on 
Schedule, 

Mr. Martin in the chair. 



496 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Martin re- 
ported that the Committee of the Whole, having had under 
consideration the report of the Committee on Phraseology and 
Arrangement on Schedule, report progress and ask leave to 
sit again. 

Mr. Richards moved that the Committee of the Whole 
have leave to sit again, 

Which motion Prevailed. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Saulsbury moved that the Secretary furnish the Sec- 
retary of State with six printed copies, properly corrected as 
amended, of the proposed Constitution of the State of Dela- 
ware, at the same time the enrolled copy, is to be lodged in his 
office, 

Which motion Prevailed. 

On motion of Mr. Cooch, the Convention resolved itself 
into Committee of the Whole for the consideration of the re- 
port of the Committee, on Phraseology and Arrangement on 
Schedule, 

Mr. Martin in the chair. 

After some' time spent therein, the Committee of the 
Whole rose, 

Mr. Johnson was elected President pro tempore, when Mr, 
Martin reported that the Committee of the Whole, having had 
under consideration the report of the Committee on Phrase- 



497 

ology and Arrangement on Schedule, report progress and ask 
leave to sit again. 

Mr. Martin moved that the Committee of the Whole have 
leave to sit a pain, 

Which motion Prevailed. 

Mr. Cooch moved that when we adjourn it will be to meet: 
Wednesday next at 10.30 o'clock, a. m., 

Which motion Prevailed. 

Mr. Cooch moved that the Secretary be excused for next 
Wednesday and Thursday, 

Which motion Prevailed. 

Motion to adjourn until Wednesday at 10.30 o'clock, a. 
m., prevailed. 



32- e 



498 



Wednesday, June 2, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. J. H. Beauchamp. 

Roll called. Members present: Messrs. Burris, Cannon, 
Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, Donahoe, 
Ellegood, Evans, Gilchrist, Hearne, Horsey, Hering, Johnson, 
Martin, Moore, Murray, Orr, Pratt, Richards, Sapp, Sauls- 
Tbury, Smithers, Spruance, Wrig-ht, Mr. President. 

Journal read and approved. 

On motion of Mr. Cooch, the Convention resolved itself 
Into Committee of the Whole for the consideration of the re- 
port of the Committee on Phraseology and Arrangement on 
Schedule, 

Mr. Martin in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Martin re- 
ported that the Committee of the Whole, having had under 
consideration the report of the Committee on Phraseology and 
Arrangement on Schedule, report progress and ask leave to 
sit again. 

Mr. Martin moved that the report be accepted and leave 
granted, 

Which motion Prevailed. 

Mr. Murray presented bill of The Delawarean, which, 
upon his motion, was referred to the Committee on Accounts. 

Motion to adjourn until 2.30 o'clock, p. m., prevailed. 



499 



Same Day, 2.30 o'clock, p. m. 

Convention met pursuant to adjournment. 

On motion of Mr. Cooch, the Convention resolved itself 
into Committee of the Whole for the consideration of the re- 
port of the Committee on Phraseology and Arrangement on 
Schedule, 

Mr. Gilchrist in the chair. 

After some time spent therein, the Committee of the 
Whole rose, 

The President resumed the chair, when Mr. Gilchrist re- 
ported that the Committee of the Whole, having had under 
consideration the report of the Committee on Phraseology and 
Arrangement on Schedule, report that they had adopted Sec- 
tions 1 to 17 inclusive, with the concluding paragraph and 
recommend their adoption by the Convention. 

Mr. Murray moved that the report be accepted, 

Which motion Prevailed. 

Mr. Spruance moved that 100 copies of the report of the 
Committee of the Whole on the Schedule be printed, 

Which motion Prevailed. 

Motion to adjourn to to-morrow at 10.30 o'clock, a. m., 
prevailed. 



500 



Thursday, June 3, 1897. 
10.30 o'clock, a. rru. 

Convention met pursuant to adjournment. 

Prayer by the Rev. J. H. Beauchamp. 

Roll called. Members present: Messrs. Burris, Cannon r . 
Carlisle, Cavender, Clark, Cooch, Cooper, Dasey, Donahoe,. 
Ellegood, Evans, Gilchrist, Hearne, Horsey, Hering, Johnson,. 
Martin, Moore, Murray, Richards, Sapp, Saulsbury, Smithers^ 
Spruance, Wright, Mr. President. 

Journal read and approved. 

Air. Ellegood presented a bill of Guyer & Hardest}* for 
$315.40, which, upon his motion, was referred to the Com- 
mittee on Accounts. 

Air. Hering presented a bill of The Delawarean for $18,. 
which, upon his motion, was referred to the Committee on 
Accounts. 

Air. Ellegood presented, read and moved the adoption of 
the following resolution : 



Resolved, That the Secretary of State be, and he is here- 
by authorized and directed to have printed, with a proper in- 
dex and with marginal notes, as soon as possible after the ad- 
journment of the Convention, six thousand copies of this 
amended Constitution and Schedule, six hundred copies of 
which shall be bound in cloth or sheep and seven of said bound 
copies shall be given to each member and the officers of this 
Convention, five of said bound copies to each member of the 
General Assembly and to each State officer. The contract for 
said printing shall be given to the lowest and best bidder. 

Mr. Dasey moved to lay the resolution on the table, 

Which motion Was Lost. 



5oi 

Mr. Cooch moved to amend the resolution by striking out 
the words the "Secretary of State" and inserting in lieu thereof 
the words "Committee on Printing," 

Which motion Was Lost. 

Mr. Martin moved to amend the resolution by striking 
out the words "Secretary of State" and inserting in lieu thereof 
the words "Secretary of this Convention," 

Which motion Was Lost. 

Recurring to the motion to adopt the resolution offered 
by Mr. Ellegood, it prevailed. 

Mr. Cooch presented and read the following report from 
the Committee on Submitting the Constitution to a vote of 
the people for ratification: 

Dover, Del., June 3, 1897. 
To the Convention: 

Your Committee to whom was referred the question of 
"Submitting the Constitution to a vote of the people for ratifi- 
cation," respectfully report, that in its judgment it would be 
for the best interests of the people of the State that this Con- 
vention should promulgate the same. 

Respectfully submitted, 

J. WILKINS COOCH, 
WILSON T. CAVENDER, ' 
CHARLES F. RICHARDS, 
Committee. 

Mr. Cooch moved that the report be received, 

Which motion Prevailed. 

Mr. Cooch offered and read the following resolution: 

Resolved, That the amended Constitution and Schedule 
which shall be adopted by this Convention shall be promul- 
gated by this Convention. 

The yeas and nays were ordered, which, being taken, were 
as follows: 



502 

Yeas — Messrs. Bums, Cannon, Carlisle, Cavender, Clark, 
Cooch, Cooper, Dasey, Ellegood, Gilchrist, Hearne, Horsey, 
Hering, Johnson, Moore, Murray, Richards, Smithers, Spru- 
ance. 

Nays — -Messrs. Evans, Mr. President. 

Before the announcement of the result Messrs. Donahoe, 
Martin, Sapp and Saulsbury came in the room. 

Mr. Cooper moved that the absentees be allowed to record 
their vote before the result was announced, 

Which motion Prevailed. 

Whereupon Mr. Donahoe voted nay, Mr. Martin voted 
nay, Mr. Sapp voted yea, Mr. Saulsbury voted nay. 

Mr. Johnson asked permission to change his vote from 
yea to nay, the permission was granted. 

There being 19 yeas and 6 nays the question was decided 
in the affirmative. 

Subsequently Messrs. Bradford, Orr and Pratt recorded 
their votes yea. 

Mr. Cooch moved to take up for consideration the report 
of the Committee of the Whole on the Schedule, 

Which motion Prevailed. 

Mr. Cooch moved to adopt the preamble, as follows: 

That no inconvenience may arise from the amendments 
of the Constitution of this State, and in order to carry the same 
into complete operation, it is hereby declared and ordained, as 
follows : 

The motion Prevailed. 

Mr. Cooch moved to adopt Section 1. 

Mr. Cooch moved to insert in line four between the words 
"and" and "cause" the words "Secretary of this Convention,"" 



503 

Which motion Prevailed. 

Mr. Spruance asked unanimous consent to insert in line 
three between the words "Constitution" and "to" the words, 
"and Schedule." 

The consent was unanimously granted. 

Motion to adopt Section I, as amended, as follows: 

Section I. The President of this Convention, immediate- 
ly on its adjournment, shall deliver the enrolled copy of this 
amended Constitution and Schedule to the Secretary of State^ 
who shall file the same in his office, and Secretary of this Con- 
vention cause it to be published three times in two newspapers, 
in each county of the State. 

Mr. Cooch moved to adopt Section 2, as follows: 

Section 2. This amended Constitution shall take effect 
on the day of in the year one thousand 

eight hundred and ninety , for all purposes not 

otherwise provided. 

The motion Prevailed. 

Mr. Cooch moved to adopt Section 3, as follows: 

Section 3. The offices of the present Senators and Rep- 
resentatives shall not be vacated or otherwise affected by this 
amended Constitution, except that the Senators whose terms 
do not expire on the day of the next general election shall 
thereafter represent the districts in which they now reside un- 
til the end of the terms for which they were elected. 

At the general election to be held in the year one thous- 
and eight hundred and ninety-eight, there shall be elected 
from each of the even numbered Senatorial Districts in the 
State, except district Number Two in New Castle county, dis- 
trict Number Four in Kent county, and district Number Two- 
in Sussex county, a Senator for the term of two years, and 
from each of the odd numbered Senatorial Districts in the State 
a Senator for the term of four years. 

And thereafter, as the said terms shall from time to time 



504 

expire, a Senator shall be elected from each of the said Sena- 
torial Districts for the full term of four years. 

At the general election to be held in the year one thous- 
and eight hundred and ninety-eight, there shall be elected in 
each Representative District in the State one Representative 
for the term of two years. 

The motion Prevailed. 

Mr. Cooch moved to adopt Section 4. as follows : 

Section 4. The terms of Senators and Representatives 
shall begin on the day next after their election. 

The motion Prevailed. 

Mr. Cooch moved to adopt Section 5, as follows: 

Section 5. The first general election under this amended 
Constitution shall be held on the Tuesday next after the first 
Monday in the month of November in the year one thousand 
eight hundred and ninety-eight. 

The motion Prevailed. 

Mr. Cooch moved to adopt Section 6, as follows: 

Section 6. The term of office of the present Governor 
shall not be vacated, or in anywise affected by this amended 
Constitution. 

The motion Prevailed. 

Mr. Cooch moved to adopt Section 7, as follows: 

Mr. Cooper moved to adopt the following for Section 7 : 

Section 7. Unless otherwise provided by this amended 
Constitution or Schedule, all persons elected or appointed be- 
fore this amended Constitution shall take effect, to State or 
county offices made elective by this amended Constitution, 
whose terms will expire before the first Tuesday in January, in 
the year one thousand eignt hundred and ninety-nine, shall 
hold their respective offices until the said last mentioned day; 
and all persons elected or appointed as aforesaid to such offices, 



505 

whose terms will expire between the said first Tuesday in Jan- 
uary in the year one thousand eight hundred and ninety-nine 
and the first Tuesday in January in the year one thousand nine 
hundred and one, shall hold their respective offices until the 
said last mentioned day; and all persons elected or appointed 
as aforesaid to such offices, whose terms will expire between 
the said first Tuesday in January in the year one thousand nine 
hundred and one and the first Tuesday in January in the year 
one thousand nine hundred and three, shall hold their respec- 
tive offices until the said last mentioned day; and the successors 
of such persons shall be elected at the general election next 
before the expiration of the terms as hereby extended. 

Mr. Spruance moved to amend Mr. Cooper's motion by 
adopting the following: 

Section — . Unless otherwise provided by this amended 
Constitution or Schedule, all persons elected or appointed be- 
fore this amended Constitution shall take effect, to State or 
county offices made elective by this amended Constitution, 
shall hold their respective offices until the terms for which they 
were elected or appointed shall expire: and upon the expira- 
tion of said terms the Governor shall fill said offices by ap- 
pointment, without the consent of the Senate, until the first 
Tuesday in January next after the general election next after 
the expiration of said terms; and the successors of the persons 
so appointed by the Governor shall be elected for the full term 
at the general election next before the expiration of the terms 
of the persons so appointed. 

Motion to adjourn to 3 o'clock, p. m., to-day, was lost. 

Recurring to Mr. Spruance" s motion, 

The yeas and nays were ordered, which, being taken, were 
as follows: 

Yeas — Messrs. Burris, Cannon, Dasey, Gilchrist, Moore, 
Murray, Richards, Saulsbury, Spruance, Wright. 

Nays — Messrs. Carlisle, Cavender, Clark, Cooch. Cooper, 
Donahoe, Evans, Hearne, Horsey, Hering, Johnson, Martin, 
Sapp, Smithers, Mr. President. 

Yeas, 10; nays, 15. 



506 

So the question was decided in the negative, and the 
motion lost. 

Mr. Carlisle moved to amend Mr. Cooper's substitute by 
adding the following at the end thereof: 

Provided, however, that the provisions of this section 
shall not apply to the present State Treasurer, State Auditor 
and Insurance Commissioner, who shall be elected at the gen- 
eral election held in November, A. D., 1898, and assume the 
duties of their respective offices on the first Tuesday in Janu- 
ary, A. D., 1899, 

Which was Withdrawn. 

Mr. Carlisle moved to adjourn to 2 o'clock, p. m., to-day. 

Mr. Cavender moved to amend by making it 3 o'clock, 

Which motion . Prevailed. 

Recurring to the original motion as amended, it was lost. 

Motion to adjourn to 2 o'clock, p. m., to-day, prevailed. 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Donahoe presented and read the following report 
and resolution : 

Dover, Del., June 3, 1897. 

Mr. President and gentlemen of the Convention: 

The Committee on Furniture, &c, beg leave to submit the 
following : 

Resolved, That any member of this Convention who de- 
sires to retain the desks and chairs now used by them, may do 
so by paying the sum of $5 to the State Librarian, who is the 



5°7 

custodian for the State property; said amounts so paid to him 
for such articles shall be by him paid to the State Treasurer. 

Mr. Donahoe moved to adopt the resolution. 

Mr. Carlisle moved to strike out the words "five dollars" 
and insert the words "one half price," 

Which motion Was Lost. 

Recurring to Mr. Donahoe's motion, It was lost. 

Mr. Wright asked unanimous consent to record his vote 
on promulgating this Constitution. Consent was unanimously 
granted and on his name being called he voted yea. 

Recurring to the substitute for Section 7 offered by Mr. 
Cooper Mr. Carlisle offered the following amendment to be 
added at the end: 

Provided, however, that the successors of the present 
State Auditor, State Treasurer and Insurance Commissioner 
shall be elected at the general election next preceding the ex- 
piration of their several terms of office and the persons so 
elected shall enter upon the duties of their respective offices on 
the first Tuesday in January following their election. The 
officers whose terms of office are extended by this section shall 
renew their official obligations upon the expiration of their 
present terms. 

Mr. Saulsbury moved that the proposition be divided and 
voted on, 

Which motion Prevailed. 

And the last part was adopted. 

The first part was then voted on and. adopted. 

On the question of adopting the substitute as amended, 
for Section 7, it was adopted. 

Mr. Cooch moved to adopt Section 8, as follows : 

Section 8. The terms of office of all State and county 
offices made elective bv this amended Constitution shall com- 



5 o8 

mence on the first Tuesday in January next after their election, 
unless otherwise provided in this amended Constitution or 
Schedule. 

The motion Prevailed. 

Mr. Cooch moved to adopt Section 9. 

Mr. Spruance moved to strike out lines one, two, three 
and four to the word "all," 

Which motion Prevailed. 

Motion to adopt Section 9, as amended, as follows: 

Section 9. All the courts of justice now existing shall 
continue with their present jurisdiction, and the Chancellor 
and judges shall continue in office until the said day 

of in the year one thousand eight hundred and ninety 

; upon which day the said courts shall be abolished, 
and the offices of the said Chancellor and judges shall expire. 

All writs of error, and appeals and proceedings which, on 
the said day of in the year one thousand eight 

hundred and ninety , shall be depending in the Court of 

Errors and Appeals, and all the books, records and papers of 
said court, shall be transferred to the Supreme Court estab- 
lished by this amended Constitution; and the said writs of 
error, appeals and proceedings shall be proceeded in the said 
Supreme Court to final judgment, decree or other determina- 
tion. 

All suits, proceedings, and matters which, on the said 
day of in the year one thousand eight hundred 

and ninety , shall be depending in the Superior Court, 

and all books, records and papers of the said court, shall be 
transferred to the Superior Court established by this amended 
Constitution, and the said suits, proceedings and matters shall 
be proceeded in to final judgment, or determination, in the said 
Superior Court established by this amended Constitution. 

All indictments, proceedings and matters which, on the 
said day of in the year one thousand eight hun- 

dred and ninety , shall be depending in the Court of 



509 

General Sessions of the Peace and Jail Delivery, shall be trans- 
ferred to and proceeded in to final judgment and determina- 
tion in the Court of General Sessions established by this 
amended Constitution, or be otherwise disposed of by the 
Court of General Sessions and all books, records and papers of 
said Court of General Sessions of the Peace and Jail Delivery 
shall be transferred to the said Court of General Sessions. 

All indictments, proceedings and matters which, on the 
said day of in the year one thousand eight hun- 

dred and ninety , shall be depending in the Court of Oyer 

and Terminer, shall be transferred to and proceeded in to final 
judgment and determination in the Court of Oyer and Term- 
iner established by this amended Constitution, and all books, 
records and papers of said Court of Oyer and Terminer shall 
be transferred to said Court of Oyer and Terminer established 
by this amended Constitution. 

All suits, proceedings and matters which, on the said 
day of , in the year one thousand eight hundred 

and ninety , shall be depending in the Court of Chan- 

cery, or in the Orphans' Court, and all records, books and 
papers of said courts respectively, shall be transferred to the 
Court of Chancery or Orphans' Court respectively, established 
by this amended Constitution; and the suits, proceedings and 
matters, shall be proceeded in to final decree, order or other 
determination. 

The motion Prevailed. 

Mr. Cooch moved to adopt Section 10. 

Mr. Spruance moved to insert in line two, between the 
words "first" and "appointed" the words "to be," 

Which motion Prevailed. 

Motion to adopt, as amended, Section 10, as follows: 

Section 10. The Chancellor, Chief Justice and Associate 
Judges first to be appointed under this amended Constitution, 
shall be appointed by the Governor without the consent of the 
Senate, for the term of twelve years; and the persons so ap- 
pointed shall enter upon the discharge of the duties of their re- 



5*o 

spective offices upon taking the oath of office prescribed by 
this amended Constitution. 

The motion Prevailed. 

Mr. Cooch moved to adopt Section n, as follows: 

Section n. Unless otherwise provided, the Registers' 
Courts and the jurisdiction of Justices of the Peace shall not 
be affected by this amended Constitution. 

The motion Prevailed. 

Mr. Cooch moved to adopt Section 12. 

Mr. Spruance moved to strike out of lines five and six the 
words "one-half year's compensation as now provided by law" 
and insert in lieu thereof the words "the sum of fifteen hun- 
dred dollars per annum payable quarterly." 

Mr. Johnson moved to amend Mr. Spruance's motion by 
striking out the words "fifteen hundred dollars" and inserting 
in lieu thereof the words "one thousand dollars," 

Which motion Was Lost 

Recurring to Mr. Spruance's motion, it prevailed. 

Section 12 was then adopted, as follows: 

Section 12. If the Chancellor, Chief Justice, or any Asso- 
ciate Judge in office at the time this amended Constitution 
shall take effect shall not be appointed Chancellor, Chief Jus- 
tice or Associate Judge under this amended Constitution, he 
shall be entitled to receive the sum of fifteen hundred dollars 
per annum, payable quarterly, for five years, after the expira- 
tion of his office, if he shall so long live. 

Mr. Cooch moved to adopt Section 13, as follows: 

Section 13. The first biennial Session of the General As- 
sembly under this amended Constitution shall commence on 
the first Tuesday in January in the year one thousand eight 
hundred and ninety-nine. 

The motion Prevailed. 



5" 

Mr. Cooch moved to adopt Section 14, as follows: 

Section 14. The provisions of Section 15 of Article II of 
this amended Constitution relating to the amount of the com- 
pensation of the members of the General Assembly and the 
presiding officers of the respective Houses shall not apply to 
any adjourned, special or extra session of the General Assem- 
bly held prior to the first Tuesday in January in the year one 
thousand eight hundred and ninety-nine. 

The motion Prevailed. 

Mr. Cooch moved to adopt Section 15, as follows: 

Section 15. Until the General Assembly shall enact a 
general law as provided for in Section 1 of Article IX, of this 
amended Constitution, existing corporations may be renewed 
for a period not exceeding four years without change or en- 
largement of their corporate powers or duties in the manner 
lawful before this amended Constitution shall take effect. 

The motion Prevailed. 

Mr. Cooch moved to adopt Section-i6, as follows: 

Section 16. All the laws of this State existing at the time 
this Constitution shall take effect, and not inconsistent with it, 
shall remain in force, except so far as they shall be altered by 
future laws. 

The motion Prevailed. 

Mr. Cooch moved to adopt Section 17, as follows: 

Section 17. The General Assembly, as soon as conven- 
iently may be after this Constitution shall take effect, shall 
enact all laws necessary or proper for carrying out the provis- 
ions thereof. 

The motion Prevailed. 

Mr. Spruance moved the following additional sections to 
the Schedule, and that Section 17 of the Schedule, as reported, 
Section 19: 

Section 16. Until the General Assembly shall otherwise 



512 

provide, guardians' accounts shall be filed with and be adjusted 
and settled by the Register of Wills for the county, and be 
subject to exception, hearing, adjustment and settlement in 
the Orphans' Court for the county as before this amended 
Constitution took effect. 

Section 17. Unless otherwise provided by this amended 
Constitution or Schedule the terms of persons holding public 
offices to which they have been elected or appointed at the 
time this amended Constitution and Schedule shall take effect, 
shall not be vacated or otherwise affected thereby. 

Section 18. One or more vacancies in the Board of Par- 
dons shall not invalidate any act of the remaining members 
of said board, not less than three in number. 

The motion Prevailed. 

Mr. Cooch moved to adopt the last clause, as follows: 

Done in Convention, the day of , in the 

year of our Lord one thousand eight hundred and ninety- 
seven and of the Independence of the United States of Amer- 
ica the one hundred and twenty-first. 

In Testimony Whereof, we have hereunto subscribed our 
names. 

The motion Prevailed. 

Mr. Cooch moved to adopt Sections 1 to 20, including the 
last clause of the Schedule, 

Which motion Prevailed. 

Mr. Cooch moved that the Secretary of this Convention 
have the Schedule enrolled. 

Which motion Prevailed. 

Mr. Martin asked and received unanimous consent to 
offer the following as an additional section: 

All stationery, printing, paper and fuel used in the legisla- 
tive and other departments of government shall be furnished, 
and the printing, binding and distributing of the laws, jour- 



513 

nals, official reports, and all other printing and binding-, and 
the repairing and furnishing the halls and rooms used for the 
meetings of the General Assembly and its committees, shall be 
performed under contract to be given to the lowest responsible 
bidder below such maximum price and under such regulations 
as shall be prescribed by law. Such Dids shall be opened in 
the presence of the persons making the bids or their represent- 
atives. 

No member or officer of any department of the govern- 
ment shall be in any way interested in any such contract when; 
awarded to or by such member, officer or department. 

Mr. Spruance moved that the vote by which Article XV, 
title Miscellaneous, was adopted, be reconsidered, 

Which motion Prevailed. 

Mr. Martin moved that the section offered by him be an 
additional section to Article XV, 

Which motion Prevailed. 

Mr. Spruance moved that the section be Section 8 of 
Article XV, and that Section 8 heretofore be Section 9, 

Which motion Prevailed. 

Mr. Martin moved that Sections 1 to 9 inclusive, be adopt- 
ed as a whole, to be Article XV, title Miscellaneous, 

Which motion Prevailed. 

Mr. Evans moved that the words "for the use of the 
county where such registration fee is paid" be added at the end 
of line twenty-one, Section 3, Article V, title Elections, 

Which motion Prevailed. 

Mr. Cooch presented a bill of Clarke & McDaniel for 
$14.39, which, upon his motion, was referred to the Committee 
on Accounts. 

Mr. Spruance moved that the Committee on Printing 
have 50 copies of the amendments to the Schedule printed. 



5*4 

Which motion Prevailed. 

Mr. Saulsbury, from the Committee on Accounts, sub- 
mitted the following report: 

The Committee on Accounts recommends the adoption of 
the following resolution: 

Resolved, That the President of the Convention be and 
he is hereby authorized to draw warrants upon the State Treas- 
urer as follows: In favor of Thomas M. Gooden, postmaster, 
$21.00, for stamps; in favor of Guyer & Hardesty, $285.40, for 
stenographic reporting. 

Mr. Evans moved that the report be accepted, 

Which motion Prevailed. 

Mr. Cooper moved that any member who desires to pur- 
chase his desk and chair can do so upon the payment of two- 
thirds -of the cost price to the Librarian who shall pay the same 
to the State Treasurer. 

Mr. Cooclr moved to amend the motion by making it read 
"desk or chair," 

Which motion Was Lost. 

Recurring to Mr. Cooper's motion, it prevailed. 

Air. Evans moved that the report of the Committee on 
Stenographer be taken from the table for consideration. 

Which motion Prevailed. 

Mr. Cooch offered the following resolution: 

Resolved, That the Committee on Stenographers be and 
it is hereby instructed to deliver to the Secretary of State the 
four copies of stenographic reports of the proceedings of this 
Convention. That the said Secretary of State is hereby re- 
quested to keep one of the said copies in his office; to deposit 
one of the said copies with the State Librarian, and he is 
further requested to deposit one of the said copies with the 
Farmers Bank of the State of Delaware at Georgetown, for 
safe keeping, and to deposit one of the said copies with the 



515 

Equitable Guarantee and Trust Company in Wilmington for 
safe keeping. Subject to the order of the General Assembly. 

Mr. Evans moved the adoption of the resolution, 

Which motion Prevailed. 

Mr. Cooch offered the following resolution: 

Resolved, That the Secretary of the Convention be, and 
he hereby is authorized to deliver to Frank M. Jones, one of 
the copies of the stenographic report of the proceedings of the 
Convention and the Committee of the Whole, and take from 
him an approved bond in the sum of five hundred dollars 
($500.00), for its safe keeping. 

Resolved further, That the said Frank M. Jones is here- 
by authorized by this Convention, to print in book form the 
said stenographic report, without expense to the State. He is 
to deliver to the Secretary of State, as soon as printed, ten (10) 
copies of said printed report, to be the property of the State of 
Delaware, and to be distributed among the three counties of 
the State as the Secretary of State may determine. 

Provided, however, that if the said printed report be not 
completed within the term of three (3) years, the authority 
hereby granted to the said Frank M. Jones, to print the said 
stenographic report, shall become void and be revoked. So 
soon as the said report shall have been printed, the copy herein 
ordered to be delivered by the Secretary of the Convention to 
the said Frank M. Jones, shall be by him delivered to the Sec- 
retary of State, and the obligation given for its safe keeping, 
shall become null and void. 

Mr. Spruance moved that the resolution be laid on the 
table, 

Which motion Prevailed. 

Motion to adjourn to 10.30 o'clock, a. m.. to-morrow, 
prevailed. 



5-i6 



Friday, June 4, 1897. 
10.30 o'clock, a. m. 

Convention met pursuant to adjournment. 

Prayer by the Rev. J. H. Beauchamp. 

Roll called. Members present: Messrs. Bradford, Bur- 
ns, Cannon, Carlisle, Cavender, Clark, Cooch, Cooper, Dasey,. 
Donahoe, Ellegood, Evans, Gilchrist, Harman, Hearne, Hor- 
sey, Hering, Johnson, Martin, Moore, Murray, Orr, Pratt, 
Richards, Sapp, Saulsbury, Smithers, Spruance, Wright, Mr. 
President. 

Journal read and approved. 

Mr. Murray, from the Committee on Accounts, submit- 
ted the following- report : 

The Committee on Accounts recommends the adoption of 
the following resolution: 

Resolved, that the President of the Convention be and he 
is hereby authorized to draw warrants upon the State Treasur- 
er for printing and supplies on account of the contingent ex- 
penses of the Convention as follows: in favor of The Dela- 
warean, $668.75; m favor of The Dover Index, $80.00; in favor 
of the Sussex Republican, $16.00; in favor of the State Sentinel 
Printing Co., $3.00. 

Mr. Gilchrist moved that the report be received and the 
resolution adopted, 

Which motion Prevailed. 

Air. Saulsbury presented bill of C. R. Jones, which, upon 
his motion, was referred to the Committee on Accounts. 

Mr. Hering presented bill of The Delawarean, which, 
upon his motion, was referred to the Committee on Accounts.. 



5i7 

Mr. Spruance asked unanimous consent to amend Sec- 
tion 3, Article IV, title Judiciary, by striking- out the word 
"and" in line four , and make an "I" for the word "If" in line, 
five and to insert the following after the word "years" in line 
four : 

"Provided, however, that the Chancellor, Chief Justice 
and Associate Judges first to be appointed under this amended 
Constitution, shall be appointed by the Governor without the 
consent of the Senate, for the term of twelve years; and the 
persons so appointed shall enter upon the discharge of the du- 
ties of their respective offices upon taking the oath prescribed 
by this amended Constitution." 

And that Section 10 of the Schedule be stricken out. That 
Section 1 1 of the Schedule be Section 10 and the other sections 
numbered consecutively. 

Unanimous consent was granted. 

Mr. Saulsbury, from the Committee on Accounts, sub- 
mitted the following report: 

The Committee on Accounts recommends the adoption of 
the following resolution: 

Resolved, That the President of the Convention be and he 
is hereby authorized to draw warrants upon the State Treas- 
xirer for supplies and services on account of the contingent ex- 
penses of the Convention as follows : in favor of Clarke & Mc- 
Daniel, $14.39; in favor of James A. Clifton, $11.25; m favor of 
Robert H. VanDyke, $12.25; in favor of William H. Boyce, 
$30.00; in favor of Richard B. Cooper, $200.00. 

Mr. Saulsbury moved that the report be received and res- 
olution adopted, 

Which motion Prevailed. 

Mr. Cooch moved to take up for consideration the Sched- 
ule. 

The motion Prevailed. 



5i8 

Mr. Cooch moved that Section 2 be amended by insert- 
ing in the blanks the words "tenth day of June in the year one 
thousand eight hundred and ninety-seven/ ' 

Mr. Cooch moved to adopt Section 2, as amended, as fol- 
lows : 

Section 2. This amended Constitution shall take effect 
on the tenth day of June in the year one thousand eight hun- 
dred and ninety-seven, for all purposes not otherwise provided. 

The motion Prevailed. 

Air. Cooper asked unanimous consent to strike out the 
word "said" in line seven, Section 9, 

Which consent was unanimously granted. 

Mr. Cooch moved that Section 9 be amended by insert- 
ing in all the blanks the words "the tenth day of June in the 
year one thousand eight hundred and ninety-seven." 

The motion Prevailed. 

Mr. Cooch moved to adopt, as amended, Section 9, as fol- 
lows : 

Section 9. All the courts of justice now existing shall 
continue with their present jurisdiction, and the Chancellor 
and judges shall continue in office until the said tenth day of 
June in the year one thousand eight hundred and ninety-seven; 
upon which day the said courts shall be abolished, and the 
offices of the said Chancellor and judges shall expire. 

All writs of error, and appeals and proceedings which, on 
the said tenth day of June in the year one thousand eight 
hundred and ninety-seven, shall be depending in the Court 
of Errors and Appeals, and all the books, records and papers 
of said court, shall be transferred to the Supreme Court estab- 
lished by this amended Constitution; and the said writs of 
error, appeals and proceedings shall be proceeded in the said 
Supreme Court to final judgment, decree or other determina- 
tion. 



519 

All suits, proceedings, and matters which, on the said 
tenth day of June in the year one thousand eight hun- 
dred and ninety-seven, shall be depending in the Superior 
Court, and all books, records and papers of the said court, 
shall be transferred to the Superior Court established by this 
amended Constitution, and the said suits, proceedings and 
matters shall be proceeded in to final judgment, or determina- 
tion, in the said Superior Court established by this amended 
Constitution. 

All indictments, proceedings and matters which, on the 
said tenth day of June in the year one thousand eight 
hundred and ninety-seven, shall be depending in the Court 
of General Sessions of the Peace and Jail Delivery, shall be 
transferred to and proceeded in to final judgment and deter- 
mination in the Court of General Sessions established by this 
amended Constitution, or be otherwise disposed of by the 
Court of General Sessions, and all books, records and papers 
of said Court of General Sessions of the Peace and Jail Deliv- 
ery shall be transferred to the said Court of General Sessions.. 

All indictments, proceedings and matters which, on the 
said tenth day of June in the year one thousand eight 
hundred and ninety-seven, shall be depending in the Court 
of Oyer and Terminer, shall be transferred to and proceeded 
in to final judgment and determination in the Court of Oyer 
and Terminer established by this amended Constitution, and 
all books, records and papers of said Court of Oyer and Ter- 
minei shall be transferred to the said Court of Oyer and Ter- 
miner established by this amended Constitution 

All suits, proceedings and matters which, on the said 
tenth day of June in the year one thousand eight hun- 
dred and ninety-seven, shall be depending in the Court, of 
Chancery, or in the Orphans' Court, and all records, books 
and papers of said courts respectively, shall be transferred to 
the Court of Chancery or Orphans' Court respectively, estab- 
lished by this amended Constitution; and the suits, proceed- 
ings and matters, shall be proceeded in to final decree, order or 
other determination. 

The motion Prevailed. 



520 

Mr. Bradford asked unanimous consent to strike out the 
■words "for all purposes not otherwise provided" in lines three 
and four, Section 2, of the Schedule. 

Unanimous consent was granted. 

Mr. Cooch moved to adopt, as amended, Sections 1 to 19 
•of the Schedule. 

The motion Prevailed. 

Mr. Cooch reported that the Committee on Phraseology 

and Arrangement had completed its labors and that the Con- 
stitution was enrolled. 

Whereupon the reading of the enrolled Constitution was 
commenced. 

Motion to adjourn until 2 o'clock, p. m., prevailed. 



Same Day, 2 o'clock, p. m. 

Convention met pursuant to adjournment. 

Mr. Murray, from the Committee on Accounts, submit- 
ted the following report: 

The Committee on Accounts recommends the adoption of 
the following resolution: 

Resolved, That the President of the Convention be and he 
is hereby authorized to draw warrants upon the State Treasur- 
er on account of the contingent expenses of the Convention as 
follows: in favor of Thomas Rossiter, $86.00, for printing; 
in favor of The Delawarean, $5.00, for printing; in favor of 
Peter C. Gruwell, $100.00 for services; in favor of Guyer & 
Hardesty, $348.60, for stenographic reporting; in favor of 
Charles R. Jones, $250.00, for enrolling and paying of help. 

Mr. Murray moved that the report be accepted and the 
resolution adopted, 

Which motion Prevailed. 



521 

Mr. Saulsbury, from the Committee on Accounts, sub- 
mitted the following report: 

The Committee on Accounts finds the amounts named in 
the accompanying resolution due members of the Convention 
on account of compensation, in addition to the sums for which 
warrants have already been drawn, and the committee recom- 
:mends the adoption of the following resolution: 

Resolved, That the President of the Convention be and he 
is hereby authorized to draw warrants upon the State Treas- 
urer in favor of the members of the Convention on account of 
compensation, as follows : 

John Biggs, . $466.40 

Martin B. Burris, '•••'•'.. 270.90 

William C. Spruance,. . 278.40 

Elias N. Moore, 273.00 

Edward G. Bradford, 237.90 

Andrew L. Johnson, 278.40 

John P. Donahoe 278.40 

Robert G. Harman, 578.40 

Charles B. Evans, 578.40 

J. Wilkins Cooch, 276.00 

Wilson T. Cavender, 261.60 

William Saulsbury 258.00 

Ezekiel W. Cooper 258.90 

Louder L. Sapp, 269.10 

Nathan Pratt . . . . 272.10 

David S. Clark, 262.50 

William T. Smithers,. . . 258.00 

George H. Murray 261.00 

Paris T. Carlisle, Jr. . 269.40 

John W. Hering, ....'.: 572.10 

Joshua A, Ellegood, . r 323.90 

Andrew J. Horsey,. 276.90 

Robert W. Dasey,. ..'.'. 280.80 

Edward D. Hearne, 276.30 

Woodburn Martin, 275.40 

Charles F. Richards, 276.30 

James B. Gilchrist . 272.10 

William P. Orr, Jr., 280.80 



522 

William A. Cannon. 329.90 

Isaac K. W T right, 274.50 

Mr. Saulsbury moved that the report be accepted and the 
resolution adopted. 

Which motion Prevailed. 

Mr. Saulsbury, from the Committee on Accounts, sub- 
mitted the following report: 

The Committee on Accounts recommends the allowances 
named in the accompanying resolution to the officers of the 
Convention and of the Committee of the Whole, in addition 
to the sums for which warrants have already been drawn: 

Resolved, That the President of the Convention be au- 
thorized to draw warrants upon the State Treasurer in favor of 
officers of the Convention, as follows: 

Charles R. Jones S1600.00 

.Morgan T. Gum 1500.00 

Daniel V. Hutchins 35°-°° 

Rev. Walter E. Avery 75-°° 

Arthur Hutchins 7S-°° 

Air. Spruance moved the acceptance of the report and the 
resolution adopted. 

Which motion Prevailed. 

The reading of the enrolled copy of the Constitution was 
resumed and finished. 

Air. Spruance moved to insert in the concluding clause 
the words "the fourth day of June one thousand eight hundred 
and ninety-seven." 

Which motion Prevailed. 

Mr. Cooch moved that the enrolled amended Constitution 
.and Schedule, as just read, be adopted as a whole. 

Which motion prevailed unanimously. 

And the Constitution and Schedule were adopted, as fol- 
lows: 



523 

CONSTITUTION 

of the 

STATE OF DELAWARE. 



WE, THE PEOPEE, HEREBY ORDAIN AND ESTABLISH THIS CONSTITU- 
TION OF GOVERNMENT FOR THE STATE OF 

DELAWARE). 

PREAMBLE. 

Through Divine goodness, all men have by nature the 
rights of worshipping and serving their Creator according to 
the dictates of their consciences, of enjoying and defending life 
and liberty, of acquiring and protecting reputation and prop- 
erty, and in general of attaining objects suitable to their con- 
dition, without injury by one to another; and as these rights 
are essential to their welfare, for the due exercise thereof, 
power is inherent in them; and therefore all just authority in 
the institutions of political society is derived from the people, 
and established with their consent, to advance their happiness; 
and they may for this end, as circumstances require, from time 
to time, alter their Constitution of government. 

ARTICLE I. 

BILL OF RIGHTS. 

Section i. Although it is the duty of all men frequently 
to assemble together for the public worship of Almighty God; 
and piety and morality, on which the prosperity of communi- 
ties depends, are thereby promoted; yet no man shall or ought 
to be compelled to attend any religious worship, to contribute 
to the erection or support of any place of worship, or to the 
maintenance of any ministry, against his own free will and con- 
sent; and no power shall or ought to be vested in or assumed 
by any magistrate that shall in any case interfere with, or in 
any manner control the rights of conscience, in the free exer- 
cise of religious worship, nor a preference given by law to any 
religious societies, denominations, or modes of worship. 



524 

Section 2. No religious test shall be required as a quali- 
fication to any office, or public trust, under this State. 

Section 3. All elections shall be free and equal. 
Section 4. Trial by jury shall be as heretofore. 

Section 5. The press shall be free to every citizen who 
undertakes to examine the official conduct of men acting in a 
public capacity; and any citizen may print on any subject, be- 
ing responsible for the abuse of that liberty. In prosecutions 
for publications, investigating the proceedings of officers, or 
where the matter published is proper for public information, 
the truth thereof may be given in evidence; and in all indict- 
ments for libels the jury may determine the facts and the law, 
as in other cases. 

Section 6. The people shall be secure in their persons, 
houses, papers and possessions, from unreasonable searches 
and seizures; and no warrant to search any place, or to seize 
any person or thing, shall issue without describing them as par- 
ticularly as may be; nor then, unless there be probable cause 
supported by oath or affirmation. 

Section 7. In all criminal prosecutions, the accused hath 
a right to be heard by himself and his counsel, to be plainly and 
fully informed of the nature and cause of the accusation against 
him, to meet the witnesses. in their examination face to face,. to 
have compulsory process in due time, on application by him- 
self, his friends or counsel, for obtaining witnesses in his favor, 
and a speedy and public trial by an impartial jury; he shall not 
be compelled to give evidence against himself, nor shall he be 
deprived of life, liberty or property, unless by the judgment of 
his peers or by the law of the land. 

Section 8. No person shall for any indictable offence be 
proceeded against criminally by information, except in cases 
arising in the land or naval forces, or in the militia when in 
actual service in time of war or public danger; and no person 
shall be for the same offence twice put in jeopardy of life or 
limb ; nor shall any man's property be taken or applied to pub- 
lic use without the consent of his representatives, and without 
compensation being made. , 



525 

■-Section 9. All courts shall be open; and every man for 
an injury done him in his reputation, person, movable or im- 
movable possessions, shall have remedy by the due course of 
law, and justice administered according to the very right of the 
cause and- the law of the land, without sale, denial, or unreason- 
able delay or expense; and every action shall be tried in the 
county in which it shall be commenced, unless when the judges 
of the court in which the cause is to be tried shall determine 
that an impartial trial thereof cannot be had in that county. 
Suits may be brought against the State, according to such 
regulations as shall be made by law. 

Section 10. No power of suspending laws shall be exer- 
cised but by authority of the General Assembly. 

Section 11. Excessive bail shall not be required, nor ex- 
cessive fines imposed, nor cruel punishments inflicted; and in 
the construction of jails a proper regard shall be had to the 
health of prisoners. 

Section 12. All prisoners shall be bailable by sufficient 
sureties, unless for capital offences when the proof is positive 
or the presumption great; and when persons are confined on 
accusation for such offences their friends and counsel may at 
proper seasons have access to them. 

Section 13. The privilege of the writ of habeas corpus 
shall not be suspended, unless when in cases of rebellion or in- 
vasion the public safety may require it. 

Section 14. No commission of oyer and terminer, or jail 
delivery, shall be issued. 

Section 15. No attainder shall work corruption of blood, 
nor except during the life of the offender forfeiture of estate. 
The estates of those who destroy their own lives shall descend 
or vest as in case of natural death, and if any person be killed 
by accident no forfeiture shall thereby be incurred. 

Section 16. Although disobedience to laws by a part of 
the people, upon suggestions of impolicy or injustice in them. 
tends by immediate effect and the influence of example not 
only to endanger the public welfare and safety, but also in 



526 

governments of a republican form contravenes the social 
principles of such governments, founded on common consent 
for common good; yet the citizens have a right in an orderly 
manner to meet together, and to apply to persons intrusted 
with the powers of government, for redress of grievances or 
other proper purposes, by petition, remonstrance or address. 

Section 17. No standing army shall be kept up without 
the consent of the General Assembly, and the military shall in 
all cases and at all times be in strict subordination to the civil 
power. 

Section 18. No soldier shall in time of peace be quartered 
in any house without the consent of the owner: nor in time of 
war but by a civil magistrate, in manner to be prescribed by 
law. 

Section 19. No hereditary distinction shall be granted, 
nor any office created or exercised, the appointment to which 
shall be for a longer term than during good behavior; and no 
person holding any office under this State shall accept of any 
office or title of any kind whatever from any king, prince, or 
foreign state. 

WE DECLARE THAT EVERY THING IN THIS ARTI- 
CLE IS RESERVED OUT OF THE GENERAL 
POWERS OF GOVERNMENT HEREINAFTER 
MENTIONED. 

ARTICLE II. 

LEGISLATURE. 

Section 1. The legislative power of this State shall be 
vested in a General Assembly, which shall consist of a Senate 
and House of Representatives. 

Section 2. The House of Representatives shall be com- 
posed of thirty-five members, who shall be chosen for two 
years. 

The Senate shall be composed of seventeen members, who 
shall be chosen for four vears. 



527 

The State is hereby divided into thirty-five Representative 
Districts, from each of which shall be chosen, by the qualified 
electors thereof, one Representative. In New Castle County 
there shall be fifteen Representative Districts, numbered from 
one to fifteen inclusive; in Kent County, ten Representative 
Districts, numbered from one to ten inclusive; and in Sussex 
County, ten Representative Districts, numbered from one to 
ten inclusive. The State is also hereby divided into seventeen 
Senatorial Districts, from each of which shall be chosen, by 
the qualified electors thereof, one Senator. In New Castle 
County there shall be seven Senatorial Districts, numbered 
from one to seven inclusive; in Kent County, five Senatorial 
Districts, numbered from one to five inclusive: and in Sussex 
County, five Senatorial Districts, numbered from one to five 
inclusive. 

The Representative Districts in New Castle County are 
and shall be as follows: 

Number One. All that portion of the City of Wilming- 
ton included within the Second and Fourth Wards, and those 
parts of the Sixth and Eighth Wards, respectively, lying south 
of and bounded by the central line of Eighth street. 

Number Two. All that portion of the said city included 
within the Ninth Ward, and those parts of the Sixth and 
Eighth Wards, respectively, lying north of and bounded by the 
central line of Eighth street. 

Number Three. All that portion of the said city included 
within the Seventh Ward, and that part of the Fifth Ward 
lying north of and bounded by a straight line including the 
central line of Eighth street. 

Number Four. All that portion of the said city included 
within the First and Third Wards, and that part of the Fifth 
Ward lying south of and bounded by the central line of Eighth 
street, east of and bounded by the central line of Adams street, 
and west of and bounded by the central line of Market street. 

Number Five. All that portion of the said city included 
within the Tenth, Eleventh and Twelfth Wards, and that part 
of the Fifth Ward lying south of and bounded by a straight 
line including the central line of Eighth street, west of and 



528 

bounded by the central line of Adams street, and bounded on; 
the west by the westerly boundary line of the said city. 

Number Six. Brandywine Hundred: 

. Number Seven. Christiana Hundred. 

Number Eight. Mill Creek Hundred. 

Number Nine. White Clay Creek Hundred. 

Number Ten. New Castle Hundred. 

Number Eleven. Pencader Hundred. 

Number Twelve. Red Lion Hundred. 

Number Thirteen. St. Georges Hundred. 

Number Fourteen. Appoquinimink Hundred. 

Number Fifteen. Blackbird Hundred. 

The Representative Districts in Kent County are and! 
shall be as follows: 

Number One. Duck Creek Hundred. 

Number Two. Little Creek Hundred and the First Elec- 
tion District of East Dover Hundred. 

Number Three. Kenton Hundred. 

Number Four. West Dover Hundred and all that .por- 
tion of East Dover Hundred lying next to West 
Dover Hundred and separated from the rest of East Dover 
Hundred by the following boundary lines: beginning at 
the middle of the public road leading from the Horsehead road 
to Kenton at the point of intersection of Kenton Hundred and 
East Dover Hundred, thence running along the middle 
of the said road to the Horsehead road, thence running in a 
westerly direction along the middle of the said Horse- 
head road a short distance to a short road leading from the 
said Horsehead road to the road from Dover to Hazlettville, 
known as the Hazlettville road, tnence running along the 
middle of the said short road from the Horsehead road to the 
said Hazlettville road, thence running in a westerly direction: 



529 

along the middle of the said Hazlettville road a short dis- 
tance to the road leading therefrom to Wyoming, thence run- 
ning along the middle of the said road leading from the 
said Hazlettville road to Wyoming to the point of intersection 
of East Dover Hundred and North Murderkill Hundred. 

Number Five. All that portion of East Dover Hundred 
not included in Districts numbers two and four. 

Number Six. Parts of North Murderkill, South Mur- 
derkill and Mispillion Hundreds included within the fol- 
lowing boundary lines: beginning at the intersection of 
the southern line of South Murderkill Hundred with the 
State of Maryland, thence running along the division, 
line between Mispillion Hundred and South Murderkill 
Hundred to the public road leading from Whiteleys- 
burg to Harrington, thence running in a southeasterly and 
easterly direction along the middle of said public road to 
the public road leading from Masten's Corner to Vernon, at or 
near White's Church, thence running in a northeasterly direc- 
tion along the middle of the said public road leading from 
Masten's Corner to Vernon a short distance to the public road 
leading therefrom to the town of Harrington, being a continu- 
ation of the road leading from Whiteleysburg to Harrington, 
thence running in a southeasterly direction to the intersection 
of West street in the town of Harrington, thence running in a 
northerly direction along the middle of said West street 
to the middle of Wolcott street in said town of Harrington,, 
thence running in an easterly direction along the middle 
of said Wolcott street to the middle of Dorman street in said 
town of Harrington, thence running in a northerly direction 
along the middle of said Dorman street to Brown's 
Branch, thence running in an easterly direction with the 
course of said branch to the Delaware railroad, thence running 
in a northerly direction along said Delaware railroad to 
Beaver Dam Branch in South Murderkill Hundred, thence 
following the course of said Beaver Dam Branch in a north- 
westerly direction to the public road leading from Felton to 
Whiteleysburg, thence running in a northeasterly direction 
along the middle of the said public road from Felton to 
Whiteleysburg to the Owl's Nest road, thence running in a 
34-e 



53o 

northerly direction along the middle of the said Owl's 
Nest road to the intersection of the Cowgill road from Wood- 
side to Petersburg, thence running in a northeasterly direction 
along the middle of the said Cowgill road to the Reed 
road running from Woodside to DuPont's school house, 
thence running in a northwesterly direction along the mid- 
dle of the said Reed road to DuPont's school house, thence 
running in a northerly direction along the middle of the 
public road leading from Willow Grove to Camden a short dis- 
tance to Stubb's Corner, thence running in a westerly and 
northwesterly and westerly direction along the middle of 
the public road leading from DuPont's school house to the 
Almshouse to Gray's corner, thence continuing in a direct 
westerly line to the southern boundary line of West Dover 
Hundred, thence following the southern boundary line of West 
Dover Hundred in a westerly direction to the State of Mary- 
land, thence running in a southerly direction along the 
eastern boundary line of the State of Maryland to the place of 
beginning. 

Number Seven. All that portion of North Murderkill 
Hundred not included in District number six. 

Number Eight. All that portion of South Murderkill 
Hundred not included in District number six. 

Number Nine. All that portion of Mispillion Hundred 
not included in District number six. 

Number Ten. Milford Hundred. 

The Representative Districts in Sussex County are and 
shall be as follows: 

Number One. Cedar Creek Hundred. 

Number Two. All that portion of Nanticoke Hundred 
which lies north and west of Gravelly Branch, beginning at a 
point where the said Gravelly Branch intersects the dividing 
line between Georgetown and Nanticoke Hundreds and run- 
- ning in a southwesterly course to what was formerly known as 
Rest's Old Mill, thence along said branch to what was former- 
ly known as Collins' Mills, to its mouth being at the head of 



53i 

Middleford Mill Pond; together with North West Fork Hun- 
dred. 

Number Three. All that portion of Nanticoke Hundred 
which lies south and east of said Gravelly Branch, beginning 
at a point where the said Gravelly Branch intersects the divid- 
ing line between Nanticoke and Georgetown Hundreds, run- 
ning in a southwesterly course to what was formerly known as 
Rest's Old Mill, thence along the said branch to what was 
formerly known as Collins' Mills, to its mouth at the head of 
Middleford Mill Pond; together with Seaford Hundred. 

Number Four. Broad Creek Hundred. 

Number Five. Little Creek Hundred. 

Number Six. Dagsboro and Gumboro Hundreds. 

Number Seven. Baltimore Hundred. 

Number Eight. Indian River Hundred. 

Number Nine. Georgetown Hundred. 

Number Ten. Broadkiln and Lewes and Rehoboth Hun- 
dreds. 

The Senatorial Districts in New Castle County are and 
shall be as follows: 

Number One. All that portion of the City of Wilming- 
ton lying north of and bounded by a straight line including the 
central line of Eighth street extending from the Delaware 
River to the westerly boundary of the said city. 

Number Two. All that portion of the said city lying- 
south of and bounded by the straight line aforesaid including 
the central line of Eighth street. 

Number Three. Brandy wine Hundred, together with all 
that portion of Christiana Hundred lying north of and bound- 
ed by the central line of the Lancaster Turnpike. 

Number Four. Mill Creek Hundred, together with all 
that portion of Christiana Hundred lying south of and bounded 
by the central line of the Lancaster Turnpike. 



532 

Number Five. White Clay Creek Hundred, Red Lion- 
Hundred and New Castle Hundred. 

Number Six. Pencader Hundred and St. Georges Hun- 
dred. 

Number Seven. Appoquinimink Hundred and Blackbird 
Hundred. 

The Senatorial Districts in Kent County are and shall be 
as follows : 

Number One. The first and second Representative Dis- 
tricts. 

Number Two. The third and fourth Representative Dis- 
tricts. 

Number Three. The fifth and seventh Representative 
Districts. 

Number Four. The sixth and ninth Representative Dis- 
tricts. 

Number Five. The eighth and tenth Representative Dis- 
tricts. 

The Senatorial Districts in Sussex County are and shall 
be as follows : 

Number One. The first and second Representative Dis- 
tricts. 

Number Two. The third and fourth Representative Dis- 
tricts. 

Number Three. The fifth and sixth Representative Dis- 
tricts. 

Number Four. The seventh and eighth Representative 
Districts. 

Number Five. The ninth and tenth Representative Dis- 
tricts. 

All territory which shall hereafter be added to and in- 
cluded within the City of Wilmington shall become part of the 
Representative Districts in New Castle County as follows: 



533 

All lying east of a straight line including the central line 
of Market street, below Eighth street, as the said two streets 
now exist, and south of a straight line including the central line 
of Eighth street, as the same now exists, shall become part of 
Representative District number one. 

All lying north of a straight line including the central line 
of Eighth street, as the same now exists, extending from the 
northeasterly side of Brandywine Creek to the Delaware River, 
or north of the Brandywine Creek, westwardly from the point of 
intersection of the said straight line with the northeasterly side 
of the said creek, shall become part of Representative District 
number two. 

All lying north of a straight line including the central line 
of Eighth street, as the same now exists, south of the Brandy- 
wine Creek, and west of the central line of Market street, as 
the same now exists, shall become part of Representative Dis- 
trict number three. 

All lying between a straight line including the central line 
•of Market street extended southerly and a straight line includ- 
ing Ae central line of Washington street extended southerly 
shall become part of Representative District number four. 

All lying south of a straight line including the central line 
of Eighth street, as the same now exists, and west of a straight 
line including the central line of Washington street, as the 
same now exists, shall become part of Representative District 
number five. 

In case of any change in the boundary line between this 
State and the State of Pennsylvania any of the said Senatorial 
and Representative Districts in New Castle County affected 
thereby shall conform to any new boundary line between the 
said States. 

All territory which shall hereafter be added to and in- 
cluded within the City of Wilmington shall become part of the 
Senatorial Districts in New Castle County as follows : 

All lying north of a straight line including the central line 
of Eighth street, extended from the Delaware River westward- 
ly, shall become part of Senatorial District number one. 



534 

All lying south of a straight line including the central line 
of Eighth street, extended from the Delaware River westward- 
ly, shall become part of Senatorial District number two. 

Whenever by the extension of the limits of the City of 
Wilmington territory forming part of any Representative or 
Senatorial District, as hereby established, shall be included 
within the limits of the said city, such Representative or Sena- 
torial District shall thereafter consist of the residue thereof, not 
so included within said limits. 

The several Representative and Senatorial Districts in the 
State shall, except as herein otherwise provided, continue to 
be bounded, described and defined by the lines of the hundreds, 
wards, election district, public roads, railroad and other bound- 
aries herein mentioned, as the same are now established and 
located. 

Section 3. No person shall be a Senator who shall not 
have attained the age of twenty-seven years and have been a 
citizen and inhabitant of the State three years next preceding 
the day of his election, and the last year of that term an inhabi- 
tant of the Senatorial District in which he shall be chosen, un- 
less he shall have been absent on the public business of the 
United States or of this State. No person shall be a Repre- 
sentative who shall not have attained the age of twenty-four 
years and have been a citizen and inhabitant of the State three 
years next preceding the day of his election, and the last year 
of that term an inhabitant of the Representative District in 
which he shall be chosen, unless he shall have been absent on 
the public business of the United States or of this State. 

Section 4. The General Assembly shall meet on the 
first Tuesday of January, biennially, and at such other times 
as the Governor shall convene the same. 

Section 5. The General Assembly shall meet and sit in 
Dover, the capital of the State; provided, however, that in case 
of insurrection, conflagration or epedemic disease the General 
Assembly may temporarily meet and sit elsewhere. 

Section 6. Whenever there shall be a vacancy in either 
House of the General Assembly, by reason of failure to elect, 
ineligibility, death, resignation or otherwise, a writ of election 



535 

shall be issued by the presiding officer of the House in which 
the vacancy exists, or in cases of necessity in such other man- 
ner as shall be provided by law; and the person thereupon 
chosen to fill such vacancy shall hold office for the residue of 
the term. And whenever there shall be such vacancy in either 
House, and the General Assembly is not in session, the Gov- 
ernor shall have power to issue a writ of election to fill such 
vacancy, which writ shall be executed as a writ issued by the 
presiding officer of either House in case of vacancy, and the 
person thereupon chosen to fill such vacancy shall hold office 
for the residue of the term. 

Section 7. The Senate at each biennial session shall 
choose one of its members President pro tempore, who shall 
preside in the absence of the Lieutenant Governor, or in case 
the latter shall become Governor or while he continues in the 
exercise of the office of Governor by reason of disability of the 
Governor. The Senate shall also choose its other officers, and 
in the absence of the Lieutenant Governor and its President 
pro tempore may, from time to time as occasion may require, 
appoint one of its members to preside. The House of 
Representatives shall choose one of its members Speaker and 
also choose its other officers, and in the absence of the Speaker 
may, from time to time as occasion may require, appoint one of 
its members to preside. 

Section 8. Each House shall be the judge of the elec- 
tions, returns, and qualifications of its own members; and a 
majority of all the members elected to each House shall consti- 
tute a quorum to do business; but a smaller number may ad- 
journ from day to day, and shall nave power to compel the at- 
tendance of absent members, in such manner, and under such 
penalties, as shall be deemed expedient. 

Section 9. Each House may determine the rules of its 
proceedings, punish any of its members for disorderly behav- 
ior, and with the concurrence of two-thirds of all the members 
elected thereto expel a member, and shall have all other pow- 
ers necessary for a branch of the Legislature of a free and in- 
dependent State. 

Section 10. Each House shall keep a journal of its pro- 
ceedings, and publish the same immediately after every session. 



536 

•except such parts as may require secrecy, and the yeas and 
nays of the members on any question shall, at the desire of any 
member, be entered on the journal. No bill or joint resolu- 
tion, except in relation to adjournment, shall pass either House 
unless the final vote shall have been taken by yeas and nays, 
and the names of the members voting for and against the same 
shall be entered on the journal, nor without the concurrence 
of a majority of all the members elected to each House. 

Section H. The doors of each House, and of Committees 
of the Whole, shall be open unless when the business is such 
as ought to be kept secret. 

Section 12. Neither House shall, without the consent of 
the other, adjourn for more than three days, nor to any other 
place than that in which the two Houses shall be sitting. 

Section 13. The Senators and Representatives shall, in all 
cases, except treason, felony or breach of the peace, be privil- 
eged from arrest during their attendance at the session of 
their respective Houses, and in going to and returning from 
the same; and for any speech or debate in either House they 
shall not be questioned in any other place. 

Section 14. No Senator or Representative shall, during 
the time for which he shall have been elected, be appointed to 
any civil office under this State which shall have been created, 
or the emoluments of which shall have been increased, during 
such time. No member of Congress, nor any person holding 
any office under this State, or the United States, except officers 
usually appointed by the courts of justice respectively, attor- 
neys-at-law and officers in the militia, holding no disqualifying 
office, shall during his continuance in Congress or in office be 
a Senator or Representative; nor shall any person while con- 
cerned in any army or navy contract be a Senator or Repre- 
sentative. 

Section 15. The members of the General Assembly, ex- 
cept the presiding officers of the respective Houses, shall re- 
ceive as compensation for their services a per diem allowance 
of five dollars, and the presiding officers a per diem allowance 
•of six dollars, for each day of the session, not exceeding sixty 
days ; and should they remain longer in sesion they shall serve 



537 

without compensation. In case a special or extra session of 
the General Assembly be called the members and presiding 
officers shall receive like compensation for a period not ex- 
ceeding thirty days. 

The compensation of members of the General Assembly 
and of the Lieutenant Governor as President of the Seriate 
shall be paid out of the treasury of the State. 

The cost to the State for stationery and other supplies for 
each member of the General Assembly shall not exceed the 
sum of twenty-five dollars for any regular session, or the sum 
of ten dollars for any special session. 

Section 16. No bill or joint resolution, except bills appro- 
priating money for public purposes, shall embrace more than 
one subject, which shall be expressed in its title. 

Section 17. Lotteries, the sale of lottery tickets, pool- 
selling and all other forms of gambling are prohibited in this 
State. The General Assembly shall enforce this section by ap- 
propriate legislation. 

Section 18. No divorce shall be granted, nor alimony 
allowed, except by the judgment of a court, as shall be pre- 
scribed by general and uniform law. 

Section 19. The General Assembly shall not pass any 
local or special law relating to fences; the straying of live stock; 
ditches; the creation or changing the boundaries of school dis- 
tricts; or the laying out, opening, alteration, maintenance or 
vacation, in whole or in part, of any road, highway, street, lane 
or alley. 

Section 20. Any member of the General Assembly who 
has a personal or private interest in any measure or bill pend- 
ing in the General Assembly shall disclose the fact to the 
House of which he is a member and shall not vote thereon. 

Section 21. No person who shall be convicted of embez- 
zlement of the public, money, bribery, perjury or other infa- 
mous crime, shall be eligible to a seat in either House of the 
General Assembly, or capable of holding any office of trust, 
honor or profit under this State. 



538 

Section 22. Every person who shall give, offer or prom- 
ise, directly or indirectly, any money, testimonial, privilege, 
personal advantage or thing of value to any executive or judi- 
cial officer of this State or to any member of either House of 
the General Assembly for the purpose of influencing him in 
the performance of any of his official or public duties shall be 
deemed guilty of bribery, and shall be punished in such man- 
ner as shall be provided by law. 

Section 23. Every statute shall be a public law unless 
otherwise declared in the statute itself. 

Section 24. The State Treasurer shall settle his accounts 
annually with the General Assembly or a joint committee 
thereof, which shall be appointed at every biennial session. Xo 
person who has served in the office of State Treasurer shall be 
eligible to a seat in either House of the General Assembly un- 
til he shall have made a final settlement of his accounts as 
treasurer and discharged the balance., if any, due thereon. 

ARTICLE III. 

EXECUTIVE. 

Section 1. The supreme executive powers of the State 
shall be vested in the Governor. 

Section 2. The Governor shall be chosen by the quali- 
fied electors of the State, once in every four years, at the gen- 
eral election. 

Section 3. The returns of every election for Governor 
shall be sealed up, and immediately transmitted to the Presi- 
dent of the Senate, or in case of a vacancy in the office of 
President of the Senate, or his absence from the State, to the 
Secretary of State, who shall keep the same until a President of 
the Senate shall be chosen, to whom they shall be immediately 
transmitted after his election, who shall open and publish the 
same in the presence of the members of both Houses of the 
General Assembly. Duplicates of the said returns shall also 
be immediately lodged with the Prothonotary of each county. 
The person having the highest number of votes shall be Gov- 
ernor; but if two or more shall be equal in the highest number 
of votes, the members of the two Houses shall, by joint ballot, 



539 

choose one of them to be Governor; and if, upon such ballot, 
two or more of them shall still be equal and highest in votes, 
the President of the Senate shall have the casting vote. 

Section 4. Contested elections of the Governor or Lieu- 
tenant Governor shall be determined by a joint committee, con- 
sisting of one-third of all the members elected to each House 
of the General Assembly, to be selected by ballot of the Houses 
respectively. Every member of the committee shall take an 
oath or affirmation that in determining the said election he will 
faithfully discharge the trust reposed in him; and the commit- 
tee shall always sit with open doors. 

The Chief Justice, or, in case of his absence or disability, 
the Chancellor shall preside at the trial of any contested elec- 
tion of Governor or Lieutenant Governor, and shall decide 
questions regarding the admissibility of evidence, and shall, 
upon request of the committee, pronounce his opinion upon 
other questions of law involved in the trial. 

Section 5. The Governor shall hold his office during 
four years from the third Tuesday of January next ensuing his 
election ; and shall not be elected a third time to said office. 

Section 6. The Governor shall be at least thirty years of 
age, and have been a citizen and inhabitant of the United States 
twelve years next before the day of his election, and the last 
six years of that term an inhabitant of this State, unless he shall 
nave been absent on public business of the United States or of 
this State. 

Section 7. The Governor shall, at stated times, receive 
for his services an adequate salary to be fixed by law, which 
shall be neither increased nor diminished during the period for 
which he shall have been elected. , - - 

Section 8. He shall be commander-in-chief of the army 
and navy of this State, and of the militia, except when they 
shall be called into the service of the United States. 

Section 9. He shall have power, unless herein other- 
wise provided, to appoint, by and with the consent of a 
majority of all the members elected to the Senate, such officers 
as he is or may be authorized by this Constitution or by law to 
appoint. He shall have power to fill all vacancies that may 



540 

happen during the recess of the Senate, in offices to which he 
may appoint, except in the offices of Chancellor, Chief Justice 
and Associate Judges, by granting commissions which shall 
expire at the end of the next session of the Senate. 

He shall have power to fill all vacancies that may happen 
in elective offices, except in the offices of Lieutenant Governor 
and member of the General Assembly, by granting commis- 
sions which shall expire when their successors shall be duly 
qualified. 

In case of vacancy in an elective office, except as afore- 
said, a person shall be chosen to said office for the full term at 
the next general election, unless the vacancy shall happen 
within two months next before such election, in which case the 
election for said office shall be held at the second succeeding 
general election. 

Unless herein otherwise provided, confirmation by the 
Senate of officers appointed by the Governor shall be required 
only where the salary, fees and emoluments of office shall ex- 
ceed the sum of five hundred dollars annually. 

Section 10. The Governor shall appoint, by and with the 
consent of a majority of all the members elected to the Senate, 
a Secretary of State, who shall hold office during the pleasure 
of the Governor. He shall keep a fair register of all the offi- 
cial acts and proceedings of the Governor, and shall, when re- 
quired by either House of the General Assembly, lay the same, 
and all papers, minutes and vouchers, relative thereto, before 
such House, and shall perform such other duties as shall be 
enjoined upon him by law. He shall have a compensation for 
his services to be fixed by law. 

Section n. Xo person shall be elected or appointed to 
an office within a county who shall not have a right to vote for 
a Representative in the General Assembly, and have been a 
resident therein one year next before his election or appoint- 
ment, nor hold the office longer than he continues to reside in 
the county, unless herein otherwise provided. 

No member of Congress, nor any person holding or exer- 
cising any office under the United States, except officers 



54i 

usually appointed by the courts of justice respectively and at- 
torneys-at-law, shall at the same time hold or execise any office 
of profit under this State, unless herein otherwise provided. 

No person shall hold more than one of the following 
offices at the same time, to wit: Secretary of State, Attorney- 
General, Insurance Commissioner, State Treasurer, Auditor 
of Accounts, Prothonotary, Clerk of the Peace, Register of 
Wills, Recorder, Sheriff or Coroner. 

Section 12. All commissions shall be in the name of the 
State, and shall be sealed with the great seal and signed by the 
Governor. 

Section 13. The Governor may for any reasonable cause 
remove any officer, except the Lieutenant Governor and mem- 
bers of the General Assembly, upon the address of two-thirds 
of all the members elected to each House of the General As- 
sembly. Whenever the General Assembly shall so address the 
Governor, the cause of removal shall be entered on the jour- 
nals of each House. The person against whom the General 
Assembly may be about to proceed shall receive notice there- 
of, accompanied with the cause alleged for his removal, at least 
ten days before the day on which either House of the General 
Assembly shall act thereon. 

Section 14. The Governor may require information in 
writing from the officers in the executive department, upon 
any subject relating to the duties of their respective offices. 

Section 15. He shall, from time to time, 'give to the Gen- 
eral Assembly information of affairs concerning the State and 

recommend to its consideration such measures as he shall 
judge expedient. 

Section 16. He may on extraordinary occasions convene 
the General Assembly by proclamation; and in case of disa- 
greement between the two Houses with respect to the time of 
adjournment, adjourn them to such time as he shall think pro- 
per, not exceeding three months. He shall have power to 
convene the Senate in extraordinary session by proclamation,, 
for the transaction of executive business. 



542 

Section iy. He shall take care that the laws be carefully 
executed. 

Section 18. Every bill which shall have passed both 
Houses of the General Assembly shall, before it becomes a 
law, be presented to the Governor; if he approve, he shall 
sign it; but if he shall not approve, he shall return it with his 
objections to the House in which it shall have originated, 
which House shall enter the objections at large on the journal 
and proceed to reconsider it. If, after such reconsideration, 
three-fifths of all the members elected to that House shall 
agree to pass the bill, it shall be sent, together with the objec- 
tions, to the other House, by which it shall likewise be recon- 
sidered, and if approved by three-fifths of all the members 
elected to that House, it shall become a law: but in neither 
House shall the vote be taken on the day on which the 
bill shall be returned to it. In all such cases the votes of both 
Houses shall be determined by yeas and nays, and the names 
of the members voting for and against the bill shall be entered 
on the journal of each House respectively. If any bill shall not 
be returned by the Governor within ten days, Sundays except- 
ed, after it shall have been presented to him, the same shall be 
a law, in like manner as if he had signed it, unless the General 
Assembly shall, by adjournment, prevent its return, in 
which case it shall not become a law without the approval of 
the Governor. Xo bill shall become a law after the final ad- 
journment of the General Assembly, unless approved by the 
Governor within thirty days after such adjournment. The 
Governor shall have power to disapprove of any item or items 
of any bill making appropriations of money, embracing dis- 
tinct items, and the part or parts of the bill approved shall be 
the law, and the item or items of appropriation disapproved 
shall be void, unless repassed according to the rules and limi- 
tations prescribed for the passage of other bills over the Ex- 
ecutive veto. Every order, resolution, or vote to which the 
concurrence of both Houses of the General Assembly may be 
necessary, except on a question of adjournment, shall be pre- 
sented to the Governor; and before the same shall take effect 
be approved by him, or, being disapproved by him, shall be 
repassed by three-fifths of all the members elected to each 
House of the General Assembly, according to the rules and 
limitations prescribed in the case of a bill. 



543 

Section 19. A Lieutenant Governor shall be chosen at 
the same time, in the same manner, for the same term, and 
subject to the same provisions as the Governor; he shall 
possess the same qualifications of eligibility for office as the 
Governor; he shall be President of the Senate, but shall have 
no vote unless the Senate be equally divided. 

The Lieutenant Governor while acting as President of the 
Senate, or as a member of the Board of Pardons, whenever at- 
tending the sessions of said board shall receive for his services 
the same compensation per day as the Speaker of the House of 
Representatives. 

Section 20. In case the person elected Governor shall 
die or become disqualified before the commencement of his 
term of office, or shall refuse to take the same, or in case of the 
removal of the Governor from office, or of his death, resigna- 
tion, or inability to discharge the powers and duties of the said 
office, the same shall devolve on the Lieutenant Governor; and 
in case of removal, death, resignation, or inability of both the 
Governor and Lieutenant Governor, the Secretary of State, 
or if there be none, or in case of his removal, death, resigna- 
tion, or inability, then the Attorney General, or if there be none, 
or in the case of his removal, death, resignation, or inability, 
then the President pro tempore of the Senate, or if there be 
none, or in case of his removal, death, resignation, or inability, 
then the Speaker of the House of Representatives shall act as 
Governor until the disability of the Governor or Lieutenant 
Governor is removed, or a Governor shall be duly elected and 
qualified. 

The foregoing provisions of this section shall apply only 
to such persons as are elegible to the office of Governor under 
this Constitution at the time the powers and duties of the office 
of Governor shall devolve upon them respectively. 

Whenever the powers and duties of the office of Governor 
shall devolve upon the Lieutenant Governor, Secretary of State 
or Attorney General, his office shall become vacant; and when- 
ever the powers and duties of the office of Governor shall de- 
volve upon the President pro tempore of the Senate, or the 
Speaker of the House of Representatives, his seat as a member 
of the General Assembly shall become vacant; and any such 



544 

vacancy shall be filled as directed by this Constitution: pro- 
vided, however, that such vacancy shall not be created in case 
either of the said persons shall be acting as Governor during- 
a temporary disability of the Governor. 

Section 21. The terms of office of the Attorney General 
and Insurance Commissioner shall be four years; and the 
terms of office of the State Treasurer and Auditor of Accounts 
shall be two years. These officers shall be chosen by the 
qualified electors of the State at general elections, and be com- 
missioned by the Governor. 

Section 22. The terms of office of Prothonotaries, Clerks 
of the Peace, Registers of Wills, Recorders, Registers in 
Chancery and Clerks of the Orphans' Court shall be four 
years ; and the terms of office of Sheriffs and Coroners shall be 
two years. These officers shall be chosen by the qualified 
electors of the respective counties at general elections, and be 
commissioned by the Governor. 

Xo person shall be twice elected Sheriff in any term of 
four years. 

Section 23. Prothonotaries, Clerks of the Peace, Regis- 
ters of Wills, Recorders, Registers in Chancery, Clerks of the 
Orphans' Court and Sheriffs shall keep their offices in the town 
or place in each countv in which the Superior Court is usually 
held. 

ARTICLE IV. 

JUDICIARY. 

Section 1. The judicial power of this State shall be 
vested in a Supreme Court, a Superior Court, a Court of Chan- 
cery, an Orphans' Court, a Court of Oyer and Terminer, a 
Court of General Sessions, a Register's Court, Justices of the 
Peace and such other courts as the General Assembly, with the 
concurrence of two-thirds of all the members elected to each 
House, shall from time to time by law establish. 

Section 2. There shall be six State judges, who shall be 
learned in the law. One of them shall be Chancellor, one of 
them Chief Justice and the other four of them Associate 
Judges. 



545 

The Chancellor,- Chief Justice and one of the Associate 
Judges may be appointed from and reside in any part of the 
State. The other three Associate Judges may be appointed 
from any part of the State. They shall be resident Associate 
Judges, and one of them shall reside in each county. 

In case the commissions of two or more of the Associate 
Judges shall be of the same date, they shall, as soon as con- 
veniently may be after their appointment, determine their 
seniority by lot, and certify the result to the Governor. 

Section 3. The Chancellor, Chief Justice and Associate 
Judges shall be appointed by the Governor, by and with the 
consent of a majority of all the members elected to the Senate, 
for the term of twelve years; Provided, however that the Chan- 
cellor, Chief Justice and Associate Judges first to be appointed 
under this amended Constitution, shall be appointed by the 
Governor without the consent of the Senate, for the term of 
twelve years; and the persons so appointed shall enter upon 
the discharge of the duties of their respective offices upon tak- 
ing the oath of office prescribed by this amended Constitution. 
If a vacancy shall occur, by expiration of term or otherwise, at 
a time when the Senate shall not be in session, the Governor 
shall within thirty days after the happening of any such va- 
cancy convene the Senate for the purpose of confirming his ap- 
pointment to fill said vacancy, and the transaction of such 
other executive business as may come before it. Such va- 
cancy shall be filled as aforesaid for the full term. The said 
appointments shall be such that no more than three of the said 
five law judges, in office at the same time, shall have been ap- 
pointed from the same political party. 

Section 4. The Chancellor, Chief Justice and Associate 
Judges shall respectively receive from the State for their servi- 
ces a compensation which shall be fixed by law and paid quar- 
terly, and shall not be less than the annual sum of three thous- 
and dollars, and they shall not receive any fees or perquisites 
in addition to their salaries for business done by them, except 
as provided by law. They shall hold no other office of profit. 

Section 5. The Chief Justice and the Four Associate 
Judges shall compose the Superior Court, the Court o\ Gen- 



546 

cral Sessions and the Court of Oyer and Terminer, as herein- 
after prescribed. 

The said five judges shall designate those of their number 
who shall hold the said courts in the several counties. When- 
ever practicable the said courts shall consist of three of the 
said five judges, but no more than three of them shall sit 
together in any of the said courts. In each of the said courts 
the Chief Justice when present shall preside, and in his absence 
the senior Associate Judge present shall preside. 

Two shall constitute a quorum in the said courts respec- 
tively, except in the Court of Oyer and Terminer, where three 
shall constitute a quorum. 

One may open and adjourn court. 

Section 6. Two sessions of the Superior Court, or Court 
of General Sessions, or one session of each of the said courts, 
or one session of the Court of Oyer and Terminer and of either 
of the other of the said courts may at the same time be held in 
the same county or in different counties, and the business in 
the several counties may be distributed and apportioned in 
such manner as shall be provided by the rules of the said 
courts respectively. 

Section 7. The Superior Court shall have jurisdiction of 
all causes of a civil nature, real, personal and mixed, at com- 
mon law and all other the jurisdiction and powers vested by the 
Jaws of this State in the Superior Court. 

Section 8. The Court of General Sessions shall have all 
the jurisdiction and powers vested by the laws of this State in 
.the Court of General Sessions of the Peace and Jail Delivery. 

Section 9. The Court of Oyer and Terminer shall have 
all the jurisdiction and powers vested by the laws of this State 
in the Court of Oyer and Terminer. 

Section 10. The Chancellor shall hold the Court of Chan- 
cery. This court shall have all the jurisdiction and powers 
vested by the laws of this State in the Court of Chancery. 

Section .11. The Orphans' Court in each county shall 
consist of the Chancellor and the resident Associate Judge of 



547 

the county. The Chancellor when present shall preside. 
One of them shall constitute a quorum. 

When their opinions are opposed, or when the decision is 
made by one of them, or when the decision is made by both of 
them in matters involving a right to real estate or the ap- 
praised value or other value thereof, and in all matters affect- 
ing guardians or guardians' accounts, there shall be an appeal 
to the Superior Court for the county, which shall have final ju- 
risdiction in every such case. Upon such appeal, if the Asso- 
ciate Judge sat in the cause below, he shall not sit in the Supe- 
rior Court. In all other cases the decision of the Orphans' 
Court shall be final. 

This court shall have all the jurisdiction and powers vested 
by the laws of this State in the Orphans' Court. 

Section 12. The Supreme Court shall have jurisdiction 
as follows : 

(1). To issue writs of error to the Superior Court and to 
determine finally all matters in error in the judgments and 
proceedings of said Superior Court. 

(2). To issue upon application of the accused, after con- 
viction and sentence, writs of error to the Court of Oyer and 
Terminer and the Court of General Sessions in all cases in 
which the sentence shall be death, imprisonment exceeding- 
one month, or fine exceeding $100, and in such other cases as 
shall be provided by law; and to determine finally all matters 
in error in the judgments and proceedings of said Court of 
Oyer and Terminer and Court of General Sessions in such 
cases: provided, however, that there shall be no writ of error 
to the Court of General Sessions in cases of prosecution under 
Section 8 of Article V of this Constitution. 

(3). To receive appeals from the Court of General Ses- 
sions in cases of prosecution under Section 8 of Article Y of 
this Constitution, and to determine finally all matters of appeal 
in such cases. 

(4). To receive appeals from the Court of Chancery, and 
to determine finally all matters of appeal in the interlocutory 
or final decrees and proceedings in chancery. 



54§ 

(5). To issue writs of prohibition, certiorari and man- 
damus to the Superior Court, the Court of Oyer and Terminer^ 
the Court of General Sessions, the. Court of Chancer)' and the 
Orphans' Court, or any of the judges of the said courts, and all 
orders, rules and processes proper to give effect to the same. 
The General Assembly shall have power to provide by law of 
what judges the Supreme Court shall consist for the purpose 
of this paragraph and in what manner, and by what judges of 
the Supreme Court, the jurisdiction and power hereby con- 
ferred may be exercised in vacation. 

Section 13. The Supreme Court upon a writ of error to- 
the Superior Court, Court of Oyer and Terminer, or Court of 
General Sessions, or upon appeal from the Court of General 
Sessions, shall consist of the Chancellor and such of the other 
five judges as did not sit in the cause below. The Chancellor 
when present shall preside, and in his absence the Chief Justice 
when present shall preside, and in his absence the senior 
Associate Judge present shall preside. Any three of them 
shall constitute a quorum, and one of them may open and 
adjourn court. 

Section 14. The Supreme Court upon an appeal from the 
Court of Chancery shall consist of the Chief Justice and the 
four Associate Judges. 

The Chief Justice when present shall preside, and in his 
absence the senior Associate Judge present shall preside. Any 
three of them shall constitute a quorum, and one of them may 
open and adjourn court. 

Section 15. Whenever the Superior Court, Court of Oyer 
and Terminer or Court of General Sessions shall consider that 
a question of law ought to be heard by the Court in Banc, they 
shall have power, upon application of either party, to direct it 
to be so heard ; and in that case the Court in Banc shall consist 
of the Chief Justice and the four Associate Judges. 

The Chief Justice when present shall preside, and in his 
absence the senior Associate Judge present shall preside. Any 
four of them shall constitute a quorum, and one of them may 
open and adjourn court. 



549 

The Superior Court, Court of Oyer and Terminer or 
Court of General Sessions in exercising this power, may direct 
a cause to be proceeded in to verdict or judgment in that court, 
or to be otherwise proceeded in, as shall be best for expediting 
justice. 

Section 16. In matters of chancery jurisdiction in which 
the Chancellor is interested or otherwise disqualified, the 
Chief Justice shall have jurisdiction, and there shall be an ap- 
peal to the Supreme Court, which shall in this case consist of 
the four Associate Judges, the senior Associate Judge present 
presiding. Any three of them shall constitute a quorum, and 
one of them may open and adjourn court. 

Section 17. The Chief Justice, or, in case of his absence 
from the State or disability, the senior Associate Judge, shall 
have power, during the absence of the Chancellor from the 
State or his temporary disability, to grant restraining orders 
and preliminary injunctions, pursuant to the rules of the Court 
of Chancery; provided, that nothing herein contained shall be 
construed to confer general jurisdiction over the case. 

Section 18. The Governor shall have power to commis- 
sion a judge ad litem for the purpose of constituting a quorum 
in the Superior Court, Court of Oyer and Terminer, Court of 
General Sessions or Supreme Court, where by reason of legal 
exception to the Chancellor or any judge or for other cause a 
quorum could not otherwise be had. The commission in such 
case shall confine the office to the cause, and it shall expire on 
the determination of the cause. The judge so appointed shall 
receive a reasonable compensation to be fixed by the General 
Assembly. A member of Congress, or any person holding or 
exercising an office under the United States, shall not be dis- 
qualified from being appointed a judge ad litem. 

Section 19. The jurisdiction of each of the aforesaid 
courts shall be co-extensive with the State. Process may be 
issued out of each court, in either county, into every county. 
No costs shall be awarded against any party to a cause by rea- 
son of the fact that suit is brought in a county other than that 
in which the defendant or defendants may reside at the time 
of bringing- suit. 



55° 

Section 20. The General Assembly, notwithstanding any 
thing contained in this Article, shall have power to repeal or 
alter any act of the General Assembly giving jurisdiction to 
the Court of Oyer and Terminer, the Superior Court, the Court 
of General Sessions of the Peace and Jail Delivery, the Or- 
phans' Court, or the Court of Chancery, in any matter, or giv- 
ing any power to either of the said courts. The General As- 
sembly shall also have power to confer upon the Court of Oyer 
and Terminer, the Superior Court, the Court of General Ses- 
sions, the Orphans' Court and the Court of Chancery jurisdic- 
tion and powers in addition to those hereinbefore mentioned. 
Until the General Assembly shall otherwise direct, there shall 
be an appeal to the Supreme Court in all cases in which there 
is an appeal, according to any act of the General Assembly, to 
the Court of Errors and Appeals. 

Section 21. Until the General Assembly shall otherwise 
provide, the Chancellor shall exercise all the powers which any 
law of this State vests in the Chancellor, beside the general 
powers of the Court of Chancery; and the Chief Justice and 
Associate Judges shall each singly exercise all the powers 
which any law of this State vests in the judges singly of the 
Superior Court. 

Section 22. Judges shall not charge juries with respect 
to matters of fact, but may state the questions of fact in issue 
and declare the law. 

Section 23. In civil causes where matters of fact are at 
issue, if the parties agree, such matters of fact shall be tried by 
the court, and judgment rendered upon their decision thereon 
as upon a verdict by a jury. 

Section 24. In civil causes, when pending, the Superior 
Court shall have the power, before judgment, of directing, 
upon such terms as it shall deem reasonable, amendments, 
impleadings and legal proceedings, so that by error in any of 
them, the determination of causes, according to their real 
merits, shall not be hindered; and also of directing the exami- 
nation of witnesses who are aged, very infirm, or going out of 
the State, upon interrogatories de bene esse, to be read in evi- 
dence, in case of the death or departure of the witnesses before 
the trial, or inability by reason of age, sickness, bodily infirm- 



55i 

ity, or imprisonment, then to attend ; and also the power of ob- 
taining evidence from places not within the State. 

Section 25. At any time pending an action for debt or 
damages, the defendant may bring into court a sum of money 
for discharging the same, together with the cost then accrued > 
and the plaintiff not accepting the same, if upon the final decis- 
ion of the cause, he shall not recover a greater sum than that so 
paid into court for him, he shall not recover any costs accruing^ 
after such payment, except where the plaintiff is an executor or 
administrator. 

Section 26. By the death of any party, no suit in chan- 
cery or at law, where the cause of action survives, shall abate, 
but, until the General Assembly shall otherwise provide, sug- 
gestion of such death being entered of record, the executor or 
administrator of a deceased petitioner or plaintiff may prose- 
cute the said suit; and if a respondent or defendant dies, the ex- 
ecutor or administrator being duly served "with a scire facias- 
thirty days before the return thereof shall be considered as a 
party to the suit, in the same manner as if he had voluntarily 
made himself a party; and in any of those cases, the court shall 
pass a decree, or render judgment for or against executors or 
administrators, as to right appertains. But where an executor 
or administrator of a deceased respondent or defendant be- 
comes a party, the court upon motion shall grant such a con- 
tinuance of the cause as to the judges shall appear proper. 

Section 27 . Whenever a person, not being an executor 
or administrator, appeals from a decree of the Chancellor, or 
applies for a writ of error, such appeal or writ shall be no stay* 
of proceeding in chancery, or the court to which the writ 
issues, unless the appellant or plaintiff in error shall give suffi- 
cient security, to be approved respectively by the Chancellor. 
or by a judge of the court from which the writ issues, that the 
appellant or plaintiff in error shall prosecute respectively his 
appeal or writ to effect, and pay the condemnation money and 
all costs, or otherwise abide the decree in appeal or the judg- 
ment in error, if he fail to make his plea good. 

1 Section 28. No writ of error shall be brought upon any 
judgment heretofore confessed, entered or rendered, or upon 
any judgment hereafter to be confessed, entered or rendered, 



552 

lout within five years after the confessing, entering or rendering 
thereof; unless the person entitled to such writ be an infant, 
feme covert, non compos mentis or a prisoner, and then within 
five years exclusive of the time of such disability. 

Section 29. The Prothonotary of the Superior Court may 
issue process, take recognizances of bail and enter judgments, 
according to law and the practice of the court. No judgment 
in one county shall bind lands or tenements in another, until 
-a testatum fieri facias being issued, shall be entered of record 
in the office of the prothonotary of the county wherein the 
lands or tenements are situate. 

Section 30. The General Asembly may by law give to 
any inferior courts by them established or to be established, or 
to one or more justices of the peace, jurisdiction of the crimi- 
nal matters following, that is to say: assaults and batteries, 
keeping without license a public house of entertainment, tav- 
ern, inn, ale house, ordinary or victualing house, retailing or 
selling without license, or on Sunday, or to minors, wine, rum, 
brandy, gin, whiskey, or spirituous or mixed liquors, contrary 
to law, carrying concealed a deadly weapon, disturbing meet- 
ings held for the purpose of religious worship, nuisances, and 
such other misdemeanors as the General Assembly may from 
time to time, with the concurrence of two-thirds of all the mem- 
bers elected to each House, prescribed. 

The General Assembly may by law regulate this jurisdic- 
tion, and provide that the proceedings shall be with or without 
indictment oy grand jury, or trial by petit jury, and may 
grant or deny the privilege of appeal to the Court of General 
Sessions; provided, however, that there shall be an appeal to 
the Court of General Sessions in all cases in which the sentence 
shall be imprisonment exceeding one month, or a fine exceed- 
ing: one hundred dollars. 



'is 



Section 31. There shall be appointed, as hereinafter pro- 
vided, such number of persons to the office of Justice of the 
Peace as shall be directed by law, who shall be commissioned 
for four years. 

Section 32. Justices of the Peace and the judges of such 
courts as the General Assembly may establish pursuant to the 



553 

provisions of Section' I or Section 30 of this Article shall be ap- 
pointed by the Governor, by and with the consent of a majority 
•of all the members elected to the Senate, for such terms as shall 
be fixed by this Constitution or by law. 

Section 33. The Registers of Wills of the several counties 
shall respectively hold the Register's Court in each county. 
Upon the litigation of a cause the depositions of the witnesses 
examined shall be taken at large in writing and make part of 
the proceedings in the cause. This court may issue process 
throughout the State. Appeals may be taken from a Regis- 
ter's Court to the Superior Court, whose decision shall be 
final. In cases where a Register of Wills is interested in ques- 
tions concerning the probate of wills, the granting of letters of 
administration, or executors' or administrators' accounts, the 
cognizance thereof shall belong to the Orphans' Court, with 
an appeal to the Superior Court, whose decision shall be final. 

Section 34. An executor or administrator shall file 
•eveiy account with the Register of Wills for the county, who 
shall, as soon as conveniently may be, carefully examine the 
particulars with the proofs thereof, in the presence of such ex- 
ecutor or administrator, and shall adjust and settle the same 
according to the right of the matter and the law of the 
land ; which account so settled shall remain in his office for in- 
spection; and the executor or administrator shall within three 
months after such settlement give notice in writing to all per- 
sons entitled to shares of the estate, or to their guardians, res- 
pectively, if residing within the State, that the account is 
lodged in the said office for inspection. 

Exceptions may be made by persons concerned to both 
sides of every such account, either denying the justice of the al- 
lowances made to the accountant or alleging further charges 
against him ; and the exceptions shall be heard in the Orphans' 
Court for the county; and thereupon the account shall be ad- 
justed and settled according to the right of the matter and law 
of the land. 

Section 35. The style in all process and public acts shall 
be the THE STATE OF DELAWARE. Prosecutions shall 
be carried on in the name of the State. 



554 
ARTICLE V. 

ELECTIONS. 

Section i. The general election shall be held biennially 
on the Tuesday next after the first Monday in the month of 
November, and shall be by ballot; but the General Assembly 
may by law prescribe the means, methods and instruments of 
voting so as best to secure secrecy and the independence of the 
voter, preserve the freedom and purity of elections and prevent 
fraud, corruption and intimidation thereat. 

Section 2. Every male citizen of this State of the age of 
twenty-one years who shall have been a resident thereof one 
year next preceding an election, and for the last three months 
a resident of the county, and for the last thirty days a resident 
of the hundred or election district in which he may offer to 
vote, and in which he shall have been duly registered as here- 
inafter provided for, shall be entitled to vote at such election 
in the hundred or election district of which he shall at the time 
be a resident, and in which he shall be registered, for all offi- 
cers that now are or hereafter may be elected by the people, 
and upon all questions which may be submitted to the vote of 
the people: provided, however, that no person who shall at- 
tain the age of twenty-one years after the first day of January, 
in the year of our Lord nineteen hundred, or after that date 
shall become a citizen of the United States, shall have the right 
to vote unless he shall be able to read this Constitution in the 
English language and write his name; but these requirements 
shall not apply to any person who by reason of physical disa- 
bility shall be unable to comply therewith: and provided also/ 
that no person in the military, naval, or marine service of the 
United States shall be considered as acquiring a residence in 
this State, by being stationed in any garrison, barrack, or mili- 
tary or naval place or station within this State: and no idiot, 
or insane person, pauper, or person convicted of a crime deem- 
ed by law felony, or incapacitated under the provisions of this 
Constitution from voting, shall enjoy the right of an elector; 
and the General Assembly may impose the forfeiture of the 
right of suffrage as a punishment for crime. 

Section 3. No person who shall receive or accept, or 
offer to receive or accept, or shall pay, transfer or deliver, or 



555 

offer or promise to pay, transfer or deliver, or shall contribute, 
or offer or promise to contribute to another, to be paid or used, 
any money or other valuable thing as a compensation, induce- 
ment or reward for the registering or abstaining from reg- 
istering of any one qualified to register, or for the giving or 
withholding, or in any manner influencing the giving or with- 
holding, a vote at any general, special or municipal election in 
this State, shall vote at such election; and upon challenge for 
any of said causes, the person so challenged, before the officers 
authorized for that purpose shall receive his vote, shall swear 
or affirm before such officers that he has not received or ac- 
cepted, or offered to receive or accept, or paid, transferred or 
delivered, or offered or promised to pay, transfer or deliver, or 
contributed, or offered or promised to contribute to another, to 
be paid or used, any money or other valuable thing as a com- 
pensation, inducement or reward for the registering or ab- 
staining from registering of any one qualified to register, or for 
the giving or withholding, or in any manner influencing the 
giving or withholding, a vote at such election. 

Such oath or affirmation shall be conclusive evidence to 
the election officers of the truth of such oath or affirmation; 
but if any such oath or affirmation shall be false, the person 
making the same shall be guilty of perjury, and no conviction 
thereof shall bar any prosecution under Section 8 of this 
Article. 

Section 4. The General Assembly shall provide by law 
for a uniform biennial registration of the names of all the vot- 
ers in this State who possess the qualifications prescribed in 
this Article, which registration shall be conclusive evidence to 
the election officers of the right of every person so registered 
to vote at the general election next thereafter, who is not dis- 
qualified under the provisions of Section 3 of this Article; but 
no person shall vote at such election unless his name appears 
in the list of registered voters. 

Such registration shall be commenced not more than one 
hundred and twenty days nor less than sixty days before and 
be completed not more than twenty days nor less than ten days 
before such election. Application for registration may be 
made on at least five days during the said period: provided. 



556 

however, that such registration may be corrected as herein^ 
after provided, at any time prior to the day of holding the elec- 
tion. 

Voters shall be registered upon personal application only; 
and each voter shall, at the time of his registration, pay a regis- 
tration fee of one dollar, for the use of the county where such 
registration fee is paid. 

From the decision of the registration officers granting or 
refusing registration, or striking or refusing to strike a name 
or names from the registration list, any person interested, or 
any registration officer, may appeal to the resident Associate 
Judge of the county, or, in case of his disability or absence from 
the county, to any judge entitled to sit in the Supreme Court, 
whose determination shall be final: and he shall have power to 
order any name improperly omitted from the said registry to 
be placed thereon, and any name improperly appearing on the 
said registry to be stricken therefrom, and any name appear- 
ing on the said registry, in any manner incorrect, to be cor- 
rected, and to make and enforce all necessary orders in the 
premises for the correction of the said registry. Registration 
shall be required only for general biennial elections at which 
Representatives to the General Assembly shall be chosen, un- 
less the General Assembly shall otherwise provide by law. 

The existing laws in reference to the registration of voters, 
so far as consistent with the provisions of this Article, shall 
continue in force until the General Assembly shall otherwise 
provide. 

Section 5. Electors shall in all cases, except treason, 
felony, or breach of the peace, be privileged from arrest during 
their attendance at elections, and in going to and returning 
from them. 

Section 6. The presiding election officer of each hundred 
or election district on the day next after the general election 
shall deliver one of the certificates of the election, made and 
certified as required by law, together with the ballot box or 
ballot boxes, containing the ballots and other papers required 
by law to be placed therein, to the Prothonotary of the Super- 



557 

ior Court of the county, who shall at twelve o'clock noon on 
the second day after the election present the same to the said 
court, and the election officer or officers having- charge of any 
other certificate or certificates of the election shall at the same 
time present the sanie to the said court and the said court shall 
at the same time convene for the performance of the duties 
hereby imposed upon it; and thereupon the said court, with the 
aid of such of its officers and such sworn assistants as it shall 
appoint, shall publicly ascertain the state of the election 
throughout the county, by calculating the aggregate amount 
of all the votes for each office that shall be given in all the hun- 
dreds and election districts of the county for every person 
voted for for such office. 

In case the certificates of election of any hundred or elec- 
tion district shall not be produced, or in case the certificates 
produced do not agree or in case of complaint under oath 
of fraud or mistake in any such certificate, or in case 
fraud or mistake is apparent on the face of any such certificate, 
the court shall have power to issue summary process against 
the election officers or any other persons to bring them forth- 
with into court with the election papers in their possession or 
control, and to open the ballot boxes and take therefrom any 
paper contained therein, and to make a recount of the ballots 
contained therein, and to correct any fraud or mistake in any 
certificate or paper relating to such election. 

The said court shall have all other the jurisdiction and 
powers now vested by law in the Boards of Canvass, and such 
other powers as shall be provided by law. 

After the state of the election shall have been ascertained 
as aforesaid, the said court shall make certificates thereof, un- 
der the seal of said court, in the form required by law, and 
transmit, deliver and lodge the same as required by this Consti- 
tution or by law, and deliver the ballot boxes to the sheriff of 
the county, to be by him kept and delherec as required by law. 

No act or determination of the court in the discharge of 
the duties imposed upon it by this section shall be conclusive 
in the trial of any contested election. 



558 

For the purposes of this section the Superior Court shall 
consist in New Castle county of the Chief Justice and the resi- 
dent Associate Judge; in Kent county of the Chancellor and 
the resident Associate Judge; and in Sussex county of the res- 
ident Associate Judge and the remaining Associate Judge. 

Two shall constitute a quorum. The Governor shall have 
power to commission a judge for the purpose of constituting a 
quorum when by reason of legal exception to the Chancellor 
or any judge, or for any other cause, a quorum could not 
otherwise be had. 

Section 7. Every person who either in or out of the State 
shall receive or accept, or offer to receive or accept, or shall 
pay, transfer or deliver, or offer or promise to pay, transfer or 
deliver, or shall contribute, or offer or promise to contribute 
to another to be paid or used, any money or other valuable 
thing as a compensation, inducement or reward for the giving 
or withholding, or in any manner influencing the giving or 
withholding, a vote at any general, special, or municipal elec- 
tion in this State, or at any primary election, convention or 
meeting held for the purpose of nominating any candidate or 
candidates to be voted for at such general, special or municipal 
election ; or who either in or out of the State shall make or be- 
come directly or indirectly a party to any bet or wager depend- 
ing upon the result of any sucn general, special, municipal or 
primary election or convention or meeting, or upon a vote 
thereat by any person: or who either in or out of the State 
shall, by the use or promise of money or other valuable thing, 
or otherwise, cause or attempt to cause any officer of election 
or registration officer to violate his official duty ; or who either 
in or out of the State shall by the use or promise of money or 
other valuable thing influence or attempt to influence any per- 
son to be registered or abstain from being registered ; or who, 
being an officer of election or registration officer, shall know- 
ingly and wilfully violate his official duty; or who shall by force 
threat, menace or intimidation, prevent or hinder, or attempt 
to prevent or hinder, any person qualified for registration from 
being registered or any person qualified to vote from voting 
according to his choice at any such general, special or munici- 
pal election, shall be deemed guilty of a misdemeanor, and 
shall be fined not less than one hundred dollars nor more than 



559 

five thousand dollars, or shall be imprisoned for a term not 
less than one month nor more than three years, or shall suffer 
both fine and imprisonment witnin said limits, at the discre- 
tion of the court; and, if a male, shall further for a term of ten 
years next following his sentence be incapable of voting at any 
such general, special, municipal or primary election or conven- 
tion or meeting. But the penalty of disfranchisement shall 
not apply to any person making or being a party to any bet 
or wager depending upon the result of any such general, spe- 
cial, municipal or primary election or convention or meeting. 
Every person charged with the commission while out of the 
State of any of the offences enumerated in this section, and 
by this section made punishable, whether committed in or out 
of the State, may be prosecuted under Section 8 of this Article, 
in any county in which he shall be arrested on such charge. 
No person, other than the accused, shall, in the prosecution 
for any offence mentioned in this section, be permitted to 
withhold his testimony on the ground that it may criminate 
himself or subject him to public infamy; but such testimony 
shall not afterwards be used against him in any judicial pro- 
ceeding, except for perjury in giving such testimony. 

Section 8. Every prosecution for any of the offences 
mentioned in Section 7 of this Article shall be on informa- 
tion filed by the Attorney General, after examination and com- 
mitment or holding to bail by a judge or justice of the peace, 
and the cause shall be heard, tried and determined by the court 
without the intervention of either a grand jury or a petit jury. 
The accused, if adjudged guilty of the offence charged against 
him, shall have the right at any time within the space of three 
calendar months next after sentence is pronounced to an ap- 
peal to the Supreme Court. The court below, or any judge 
thereof, in term time or vacation, shall upon application by 
the accused allow such appeal; but such appeal shall not 
operate as a supersedeas unless the appellant shall at the time 
of the allowance thereof give an appeal bond to the State of 
Delaware in such amount and with such surety as shall be ap- 
proved by such court or judge. (In such appeal the Supreme 
Court shall, with all convenient speed, review the evidence ad- 
duced in the cause in the court below, as well as the other pro- 
ceedings therein, and the law applicable thereto, and give final 



560 

judgment accordingly, either affirming- or reversing the judg- 
ment below. If the appellant shall fail to prosecute his appeal 
pursuant to the rules and practice hereinafter provided for, the 
Supreme Court shall affirm the judgment of the court be- 
low. Where the sentence in the court below includes a term 
of imprisonment and an appeal bond is given and approved 
in manner aforesaid, the Supreme Court, if it affirm the judg- 
ment below, shall sentence the appellant to a term of imprison- 
ment equal to that imposed by the court below, after deducting- 
therefrom a period equal to the time of imprisonment, if any, 
already suffered by him under the sentence of the court below' 
The surety or sureties in any appeal bond given under the pro- 
visions of this section shall have the right'at anv time after its 
approval and until final judgment shall be rendered by the 
Supreme Court, and, in case the judgment of the court below 
shall be affirmed, until the expiration of the space of thirty 
days next following such affirmance, to take, wherever found, 
and render the appellant to the sheriff of the county in which 
he was sentenced; and a certified copy of the appeal bond shall 
be the sufficient warrant for such surety or sureties for such 
taking and rendering. If the Supreme Court shall reverse any 
judgment of the court below imposing a fine, and if the accused 
shall have fully paid such fine and the costs of prosecution, the 
amount thereof shall be refunded to the appellant through a 
warrant drawn by the court below on the treasurer of the 
county in which the accused was sentenced. All the judges 
entitled to sit in the Supreme Court shall, as soon as con- 
veniently may be, meet at the usual place of sitting of said 
court, and they, or a majority of them, shall adopt rules pre- 
scribing the forms and conditions of appeal bonds to be used 
under the provisions of this section, and the manner of certi- 
fying copies thereof, providing for the printing or reduction to 
writing of all oral evidence in the cause in the court below and 
of the opinion of said court, for the certification of the same 
when so printed or reduced to writing, and of copies thereof; 
for the copying and certification of all documentary or other 
written or printed evidence in the cause in the court below 
and of the record therein; for the transmission to the Supreme 
Court of such certified copies of such record, and of all the evi- 
dence adduced in the court below and of the opinion of said 
court: for the transmission to the court below of a certified 



56i 

copy of the final judgment of the Supreme Court and of any 
additional sentence pronounced by said court, for the discharge 
of sureties in appeal bonds, and for the framing, issuance, ser- 
vice and enforcement of all process and rules necessary to give- 
full effect to the provisions of this section ; and regulating gen- 
erally the practice and procedure of the Supreme Court 
and the court below in cases of appeal under this section,. 
The said judges, or a majority of them, met as aforesaid,, may 
also provide that when complaint shall be made in due form,, 
prescribed by them, to any judge entitled to sit in the Su- 
preme Court, that any offence mentioned in Section 7 
of this Article has been committed in the county in which such 
judge shall reside, or out of the State, such judge shall have 
power to cause the person charged with such offence 
to be arrested within any county of this State and 
brought before him, and to bind him with sufficient 
surety, or, for want of bail, commit him for his 
appearance and answer at the next term of the Court of Gen- 
eral Sessions in such manner and under and pursuant to such 
rules and regulations as the said judges, or a majority of them, 
shall prescribe. From time to time hereafter, whenever a ma- 
jority of all the judges entitled to sit in the Supreme Court 
shall so request, all of the judges so entitled shall, as 
soon as conveniently may be, meet at the usual place of sitting 
of said court; and they, or a majority of them, shall have power 
to revise, amend, add to or annul, any rule or rules theretofore 
adopted touching forms, practice or procedure in cases of ap- 
peal under this section, or arrest and binding or commitment 
for appearance and answer, in such manner and to such extent 
as in their judgment shall best serve to effectuate the purposes 
hereof. No person shall be adjudged guilty of any offence 
mentioned in Section 7 of this Article without the concurrence 
of all of the judges trying the case; and upon appeal no judg- 
ment of the court shall be affirmed without the concurrence of 
all of the judges of the Supreme Court sitting in the case, and 
their failure to concur as aforesaid shall operate as a reversal of 
the judgment of the court below; provided, however, that such 
concurrence of the judges sitting in the Supreme Court shall 
not be necessary for the affirmance of the judgment of the 
court below where the appellant shall fail to prosecute his ap- 
peal pursuant to the rules and practice herein provided tor. 



562 

Section 9. The enumeration of the offences mentioned 
in Section 7 of this Article shall not preclude the General As- 
sembly from defining and providing for the punishment of 
other offences against the freedom and purity of the ballot, or 
touching the conduct, returns or ascertainment of the result of 
general, special or municipal elections, or of primary elections, 
conventions or meetings held for the nomination of candidates 
to be voted for at general, special or municipal elections. No 
prosecution under any act of the General Assembly passed 
pursuant to this section shall be subject to the provisions of 
Section 8 of this Article. 

ARTICLE VI. 

IMPEACHMENT AND TREASON. 

Section 1. The House of Representatives shall have the 
sole power of impeaching; but two-thirds of all the members 
must concur in an impeachment. All impeachments shall be 
tried by the Senate, and when sitting for that purpose, the Sen- 
ators shall be upon oath or affirmation to do justice according 
to the evidence. No person shall be convicted without the 
concurrence of two-thirds of all the Senators. 

On the trial of an impeachment against the Governor or 
Lieutenant Governor, the Chief Justice, or, in case of his ab- 
sence or disability, the Chancellor shall preside; and on the 
trial of all other impeachments the President of the Senate 
shall preside. 

Section 2. The Governor and all other civil officers un- 
der this State shall be liable to impeachment for treason, brib- 
ery, or any high crime or misdemeanor in office. Judgment in 
such cases shall not extend further than to removal from 
office, and disqualification to hold any office of honor, trust or 
profit under this State ; but the party convicted shall, neverthe- 
less, be subject to indictment, trial, judgment and punishment 
according to law. 

Section 3. Treason against this State shall consist only 
in levying war against it, or in adhering to the enemies of the 
Government, giving them aid and comfort. No person shall 
be convicted of treason, unless on the testimony of two wit- 
nesses to the same overt act, or on confession in open court. 



563 
ARTICLE VII. 

PARDONS. 

Section i. The Governor shall have power to remit fines 
and forfeitures and to grant reprieves, commutations of sen- 
tence and pardons, except in cases of impeachment; but no 
pardon, or reprieve for more than six months, shall be granted, 
nor sentence commuted, except upon the recommendation in 
writing of a majority of the Board of Pardons after full hear- 
ing; and such recommendation, with the reasons therefor at 
length, shall be filed and recorded in the office of the Secretary 
of State, who shall forthwith notify the Governor thereof. 

He shall fully set forth in writing the grounds of all re- 
prieves, pardons and remissions, to be entered in the register 
of his official acts and laid before the General Assembly at its 
next session. 

Section 2. The Board of Pardons -shall be composed of 
the Chancellor, Lieutenant Governor, Secretary of State, State 
Treasurer and Auditor of Accounts. 

Section 3. The said board may require information from 
the Attorney General upon any subject relating to the duties 
of said board. 

ARTICLE VIII. 

REVENUE AND TAXATION. 

Section 1. All taxes shall be uniform upon the same class 
of subjects within the territorial limits of the authority levying 
the tax, and shall be levied and collected under general laws, 
but the General Assembly may by general laws exempt from 
taxation such property as in the opinion of the General Assem- 
bly will best promote the public welfare. 

Section 2. All bills for raising revenue shall originate in 
the House of Representatives; but the Senate may propose al- 
terations as on other bills; and no bill from the operation of 
which, when passed into law, revenue may incidentally arise 
shall be accounted a bill for raising revenue; nor shall any mat- 
ter or clause whatever not immediately relating to and neces- 
sary for raising revenue be in any manner blended with or an- 
nexed to a bill for raising revenue. 



564 

Section 3. No money shall be borrowed or debt created 
by or on behalf of the State but pursuant to an act of the Gen- 
eral Assembly, passed with the concurrence of three- 
fourths of all the members elected to each House, except to 
supply casual deficiencies of revenue, repel invasion, sup- 
press insurrections, defend the State in war or pay existing 
debts ; and any law authorizing the borrowing of money by or 
on behalf of the State shall specify the purpose for which the 
money is to be borrowed, and the money so borrowed shall be 
used exclusively for such purpose; but' should the money so 
borrowed, or any part thereof, be left after the abandonment of 
such purpose or the accomplishment thereof, such money, or 
the surplus thereof, may be disposed of according- to law. 

Section 4. No appropriation of the public money shall 
be made to, nor the bonds of this State be issued or loaned to 
any county, municipality or corporation, nor shall the credit of 
the State, by the guarantee or the endorsement of the bonds or 
other undertakings of any county, municipality or corporation, 
be pledged otherwise than pursuant to an Act of the General 
Assembly, passed with the concurrence of three-fourths of all 
the members elected to each House. 

Section 5. The General Assembly shall provide for levy- 
ing and collecting a capitation tax from every male citizen of 
the State of the age of twenty-one years or upwards ; but such 
tax to be collected in any county shall be uniform throughout 
that county, and such capitation tax shall be used exclusivelv 
in the county in which it is collected. 

Section 6. Xo money shall be drawn from the treasury 
but pursuant to an appropriation made by Act of the General 
Assembly; provided, however, that the compensation of the 
members of the General Assembly and all expenses connected 
with the session thereof may be paid out of the treasury pur- 
suant to resolution in that behalf; a regular account of the re- 
ceipts and expenditures of all public money shall be published 
annually. 

Section 7. In all assessments of the value of real estate 
for taxation, the value of the land and the value of the build- 
ings and improvements thereon shall be included. And in all 
assessments of the rental value of real estate for taxation, the 



565 

-rental value of the land and the rental value of the buildings 
and the improvements thereon shall be included. The forego- 
ing provisions of this section shail apply to all assessments of 
the value of real estate or of the rental value thereof for taxa- 
tion for State, county, hundred, school, municipal or other 
public purposes. 

Section 8. No county, city, town or other municipality 
shall lend its credit or appropriate money to, or assume the 
debt of, or become a shareholder or joint owner in or with any 
-private corporation or any person or company whatever. 

ARTICLE IX. 

CORPORATIONS. 

Section i. No corporation shall hereafter be created, 
amended, renewed or revived by special act, but only by or 
under general law, nor shall any existing corporate charter be 
amended, renewed, or revived by special act, but only by or 
under general law; but the foregoing provisions shall not apply 
to municipal corporations, banks or corporations for charita- 
ble, penal, reformatory or educational purposes, sustained in 
whole or in part by the State. The General Assembly shall, by 
general law, provide for the revocation of forfeiture of the char- 
ters of all corporations for the abuse, misuse, or non-user of 
their corporate powers, privileges or franchises. Any proceed- 
ing for such revocation or forfeiture shall be taken by the At- 
torney General, as may be provided by law. No general in- 
corporation law, nor any special act of incorporation, shall be 
enacted without the concurrence of two-thirds of all the mem- 
bers elected to each House of the General Assembly. 

Section 2. No corporation in existence at the adoption 
of this Constitution shall have its charter amended or renewed 
without first filing, under the corporate seal of said corpora- 
tion, and duly attested, in the office of the Secretary of State. 
an acceptance of the provisions of this Constitution. 

Section 3. No corportion shall issue stock, except for 
money paid, labor done or personal property, or real estate or 
leases thereof actually acquired by such corporation; and 
neither labor nor property shall be received in payment of 



5 66 

stock at a greater price than the actual value at the time the 
said labor was done or property del'vered or title acquired. 

Section 4. The rights, privileges, immunities and estates 
of religious societies and corporate bodies, except as herein 
otherwise provided, shall remain as if the Constitution of this 
State had not been altered. 

Section 5. No foreign corporation shall do any business 
in this State, through or by branch offices, agents or repre- 
sentatives located in the State, without having an authorized 
agent or agents in the State upon whom legal process may be 
served. 

Section 6. In all elections for directors or managers of 
stock corporations each shareholder shall be entitled to one 
vote for each share of stock he may hold. 

ARTICLE X. 

EDUCATION. 

Section 1. The General Assembly shall provide for the 
establishment and maintenance of a general and efficient sys- 
tem of free public schools, and may require by law that every 
child, not physically or mentally disabled, shall attend the pub- 
lic school, unless educated by other means. 

Section 2. In addition to the income of the investments 
of the Public School Fund, the General Assembly shall make 
provision for the annual payment of not less than one hundred 
thousand dollars for the benefit of the free public schools 
which, with the income of the investments of the Public School 
Fund, shall be equitably apportioned among the school dis- 
trictsof the State as the General Assembly shall provide: and 
the money so apportioned shall be used exclusively for the 
payment of teachers' salaries and for furnishing free text books;; 
provided, however, that in such apportionment, no distinction 
shall be made on account of race or color, and separate schools 
for white and colored children shall be maintained. All other 
expenses connected with the maintenance of free public 
schools, and all expenses connected with the erection or re- 
pair of free public school buildings shall be defrayed in such 
manner as shall be provided by law. 



567 

Section 3. No portion of any fund now existing, or which 
may hereafter be appropriated, or raised by tax, for educa- 
tional purposes, shall be appropriated to, or used by, or in aid 
of any sectarian, church or denominational school; provided, 
that all real and personal property used for school purposes, 
where the tuition is free, shall be exempt from taxation and 
assessment for public purposes. 

Section 4. No part of the principal or income of the Pub- 
lic School Fund, now or hereafter existing, shall be used for 
any other purpose than the support of free public schools. 

ARTICLE XI. 

AGRICULTURE. 

Section 1. There shall be a department established and 
maintained, known as the State Board of Agriculture. 

Section 2. The said board shall be composed of three 
Commissioners of Agriculture, one of whom shall reside in 
each county in the State. Any two of them shall constitute a 
quorum for the transaction of business. 

Section 3. The said Commissioners of Agriculture 
shall be appointed by the Governor, by and with the consent of 
a majority of all the members elected to the Senate, one for 
the term of one year, one for the term of two years and one for 
the term of three years ; and thereafter all appointments of 
Commissioners of Agriculture shall be made as aforesaid for 
the term of three years, and they shall hold office until their 
successors are duly qualified : Provided, that any vacancy oc- 
curring in the office of Commissioner of Agriculture before the 
expiration of a term shall be filled by appointment as afore- 
said for the remainder of the term; and provided further, 
that in case such vacancy shall occur when the Senate is not in 
session, such vacancy may be filled by the Governor without 
confirmation by the Senate until the end of the next session of 
the Senate. 

Section 4. The said board shall have power to abate and 
prevent, by such means as the General Assembly shall pre- 
scribe, all contagious and infectious diseases of fruit trees. 



5 68 

plants, vegetables, cereals, horses, cattle and other farm 
animals. 

Section 5. The said commissioners may devise such 
plans for securing immigration to this State of industrious and 
useful settlers as they may deem expedient, and such plans may 
be executed as prescribed by the General Assembly. 

Section 6. The General Assembly shall provide by law 
for the compensation of the members of said board. 

Section 7. The Board of Agriculture hereby established 
shall continue for eight years from the date of the qualification 
of the first member thereof, after which it may be abolished by 
the General Assembly. 

ARTICLE XII. 

HEALTH. 

The General Assembly shall provide for the establishment 
and maintenance of a State Board of Health, which shall have 
supervision of all matters relating to public health, with such 
powers and duties as may be prescribed by law: and also for 
the establishment and maintenance of such local boards of 
health as may be necessary, to be under the supervision of the 
State Board, to such extent and with such powers as may be 
prescribed by law. 

ARTICLE XIII. 

LOCAL OPTION. 

Section 1. The General Assembly may, from time to 
time, provide by law for the submission to the vote 
of the qualified electors of the several districts of the 
State, or any of them, mentioned in Section 2 of 
this Article, the question whether the manufacture and 
sale of intoxicating liquors shall be licensed or prohibited 
within the limits thereof; and in every district in which there is 
a majority against license, no person, firm or corporation shall 
thereafter manufacture or sell spirituous, vinous or malt 
liquors, except for medicinal or sacramental purposes, within 
said district, un f il at a subsequent submission of such question 
a majority of votes shall be cast in said district for license. 



569 

Whenever a majority of all the members elected to each House 
of the General Assembly by the qualified electors in any dis- 
trict named in Section 2 of this Article shall request the sub- 
mission of the question of license or no license to a vote of the 
qualified electors in said district, the General Assembly shall 
provide for the submission of such question to the qualified 
electors in such district at the next general election thereafter. 

Section 2. Under the provisions of this Article, Sussex 
County shall comprise one district, Kent County one district, 
the City of Wilmington, as its corporate limits now are or may 
hereafter be extended, one district, and the remaining part of 
New Castle County one district. 

Section 3. The General Assembly shall provide neces- 
sary laws to carry out and enforce the provisions of this Arti- 
cle, enact laws governing the manufacture and sale of intoxi- 
cating liquors under the limitations of this Article, and provide 
such penalties as may be necessary to enforce the same. 

ARTICLE XIV. 

OATH OF OFFICE. 

Members of the General Assembly and all public omcers, 
executive and judicial, except such inferior officers as shall be 
by law exempted, shall, before they enter upon the duties of 
their respective offices, take and subscribe the following oath 
or affirmation: 

"I do solemnly swear (or affirm) that I will support the 
Constitution of the United States, and the Constitution of the 
State of Delaware, and that I will faithfully discharge the du- 
ties of the office of , according to the best of my 

ability"; and all such officers, except as aforesaid, who shall 
have been chosen at any election, shall, before they enter upon 
the duties of their respective offices, take and subscribe the 
oath or affirmation above prescribed, together with the follow- 
ing addition thereto, as part thereof: 

''And I do further solemnly swear (or affirm) that I have 
not directly or indirectly paid, offered or promised to pay, 
contributed, or offered or promised to contribute, any money 
or other valuable thins: as a consideration or reward for the 



570 

giving or withholding a vote at the election at which I was 
elected to said office." 

No other oath, declaration or test shall be required as a 
qualification for any office of public trust. 

ARTICLE XV. 

MISCELLANEOUS. 

Section i. The Chancellor, Judges and Attorney General 
shall be conservators of the peace throughout the State; and 
the Sheriffs and Coroners shall be conservators of the peace 
within the counties respectively in which they reside. 

Section 2. No public officer shall receive any fees with- 
out giving to the person paying the same a receipt therefor, if 
required, therein specifying every item and charge. 

Section 3. No costs shall be paid by a person accused, 
on a bill being returned ignoramus, nor on acquittal. 

Section 4. No law shall extend the term of any public 
officer or diminish his salary or emoluments after his election 
or appointment. 

Section 5. All public officers shall hold their respective 
offices until their successors shall be duly qualified, except in 
cases herein otherwise provided. 

Section 6. All public officers shall hold their offices on 
condition that they behave themselves well. The Governor 
shall remove from office any public officer convicted of misbe- 
havior in office or of any infamous crime. 

Section 7. The matters within Section 30 of Article IV 
and Sections 7 and 8 of Article V are excepted from the pro- 
vision of the Constitution that "No person shall for any in- 
dictable offence be proceeded against criminally by informa- 
tion," and also from the provisions of the Constitution concern- 
ing trial by jury. 

Section 8. All stationery, printing, paper and fuel used 
in the legislative and other departments of government shall be 
furnished, and the printing, binding and distributing of the 



57i 

laws, journals, official reports, and all other printing and bind- 
ing, and the repairing and furnishing the halls and rooms used 
for the meetings of the General Assembly and its committees, 
shall be performed under contract to be given to the lowest 
responsible bidder below such maximum price and under such 
regulations as, shall be prescribed by law. Such bids shall be 
opened in the presence of the persons making the bids or their 
reperesentatives. 

No member or officer of any department of the govern- 
ment shall be in any way interested in any such contract when 
awarded to or by any such member, officer or department. 

Section 9. This Constitution shall be prefixed to every 
codification of the Laws of this State. 

ARTICLE XVI. 

AMENDMENTS AND CONTENTIONS. 

Section 1. Any amendment or amendments to this Con- 
stitution may be proposed in the Senate or House of Repre- 
sentatives; and if the same shall be agreed to by two-thirds of 
all the members elected to each House, such proposed amend- 
ment or amendments shall be entered on their journals, with 
the yeas and nays taken thereon, and the Secretary of State 
shall cause such proposed amendment or amendments to be 
published three months before the next general election in at 
least three newspapers in each county in which such news- 
papers shall be published; and if in the General Assembly next 
after the said election such proposed amendment or amend- 
ments shall upon a yea and nay vote be agreed to by two- 
thirds of all the members elected to each House, the same shall 
thereupon become part of the Constitution. 

Section 2. The General Assembly by a two-thirds vote 
of all the members elected to each House may from time to 
time provide for the submission to the qualified electors of the 
State at the general election next thereafter the question, 
"Shall there be a Convention to revise the Constitution and 
amend the same?"; and upon such submission, if a majority of 
those voting on said question shall decide in favor of a Con- 



572 

vention for such purpose, the General Assembly at its next 
session shall provide for the election of delegates to such Con- 
vention at the next general election. Such Convention shall 
be composed of forty-one delegates, one of whom shall be 
chosen from each Representative District by the qualified 
electors thereof, and two of them shall be chosen from New 
Castle County, two from Kent County and two from Sussex 
County, by the qualified electors thereof respectively. The 
delegates so chosen shall convene at the Capital of the State 
on the first Tuesday in September next after their election. 
Every delegate shall receive for his services such compensa- 
tion as shall be provided by law. A majority of the Conven- 
tion shall constitute a quorum for the transaction of business. 
The Convention shall have power to appoint such officers, em- 
ployes and assistants as it may deem necessary, and fix their 
compensation, and provide for the printing of its documents, 
journals, debates and proceedings. The Convention shall de- 
termine the rules of its proceedings, and be the judge of the 
elections, returns and qualifications of its members. When- 
ever there shall be a vacancy in the office of delegate from any 
district or count}" by reason of failure to elect, ineligibility, 
death, resignation or otherwise, a writ of election to fill such 
vacancy shall be issued by the Governor, and such vacancy 
shall be filled by the qualified electors of such district or 
county. 

Section 3. The General Assembly shall provide for re- 
ceiving, tallying and counting the votes for or against a Con- 
vention, and for returning to the General Assembly at its next 
session the state of such vote; and shall also enact all provis- 
ions necessary for giving effect to this Article. 

Section 4. No bill or resolution passed by the General 
Assembly under or pursuant to the provisions of this Article 
shall require for its validity the approval of the Governor, and 
the same, shall be exempt from the provisions of Section 18 of 
Article III of this Constitution. 

Section 5. In voting at any general election, upon the 
question, "Shall there be a Convention to revise the Constitu- 
tion and amend the same?" the ballots shall be separate from 
those cast for any person voted for at such election, and shall 
be kept distinct and apart from all other ballots. 



573 

SCHEDULE. 

That no inconvenience may arise from the amendments 
of the Constitution of this State, and in order to carry the same 
into complete operation, it is hereby declared and ordained, as 
follows: 

Section i. The President of this Convention, immediate- 
ly on its adjournment, shall deliver the enrolled copy of this 
amended Constitution and Schedule to the Secretary of State, 
who shall file the same in his office, and Secretary of this Con- 
vention shall cause the same to be published three times in two 
newspapers in each county of the State. 

Section 2. This amended Constitution shall take effect 
on the tenth day of June in the year one thousand eight hun- 
dred and ninty-seven. 

Section 3. The offices of the present Senators and Rep- 
resentatives shall not be vacated or otherwise affected by this 
amended Constitution, except that the Senators whose terms 
do not expire on the day of the next general election shall 
thereafter represent the districts in which they now reside un- 
til the end of the terms for which they were elected. 

At the general election to be held in the year one thous- 
and eight hundred and ninety-eight, there shall be elected 
from each of the even numbered Senatorial Districts in the 
State, except district Number Two in New Castle county, dis- 
trict Number Four in Kent county, and district Number Two 
in Sussex county, a Senator for the term of two years, and 
from each of the odd numbered Senatorial Districts in the State 
a Senator for the term of four years. 

And thereafter, as the said terms shall from time to time 
expire, a Senator shall be elected from each of the said Sena- 
torial Districts for the full term of four years. 

At the general election to be held in the year one thous- 
and eight hundred and ninety-eight, there shall be elected in 
each Representative District in the State one Representative 
for the term of two vears. 



574 



Section 4. The terms of Senators and Representatives 
shall begin on the day next after their election. 

Section 5. The first general election under this amended 
Constitution shall be held on the Tuesday next after the first 
Monday in the month of November in the year one thousand 
eight hundred and ninety-eight. 

Section 6. The term of office of the present Governor 
shall not be vacated, or in anywise affected by this amended 
Constitution. 

Section 7. Unless otherwise provided by this amended 
Constitution or Schedule, all persons elected or appointed be- 
fore this amended Constitution shall take effect, to State or 
county offices made elective by this amended Constitution, 
whose terms will expire before the first Tuesday in January, in 
the year one thousand eignt hundred and ninety-nine, shall 
hold their respective offices until the said last mentioned day; 
and all persons elected or appointed as aforesaid to such offices, 
whose terms will expire between the said first Tuesday in Jan- 
uary in the year one thousand eight hundred and ninety-nine 
and the first Tuesday in January in the year one thousand nine 
hundred and one, shall hold their respective offices until the 
said last mentioned day; and all persons elected or appointed 
as aforesaid to such offices, whose terms will expire between 
the said first Tuesday in January in the year one thousand nine 
hundred and one and the first Tuesday in January in the year 
one thousand nine hundred and three, shall hold their respec- 
tive offices until the said last mentioned day; and the successors 
of such persons shall be elected at the general election next 
before the expiration of the terms as hereby extended; pro- 
vided, however, that the successors of the present Auditor of 
Accounts, State Treasurer and Insurance Commissioner shall 
be elected at the general election next preceding the expiration 
of their several terms of office, and the persons so elected shall 
enter upon the- duties of their respective offices on the first 
Tuesday in January following their election. The officers 
whose terms of office are extended by this section shall renew 
their official obligations upon the expiration of their present 
terms. 



575 

Section 8. The terms of office of all State and county 
offices made elective by this amended Constitution shall com- 
mence on the first Tuesday in January next after their election, 
unless otherwise provided in this amended Constitution or 
Schedule. 

Section 9. All the courts of justice now existing shall 
continue with their present jurisdiction, and the Chancellor 
and judges shall continue in office until the tenth day of 
June in the year one thousand eight hundred and ninety- 
seven; upon which day the said courts shall be abolished, and 
the offices of the said Chancellor and judges shall expire. 

All writs of error, and appeals and proceedings which, on 
the said tenth day of June in the year one thousand eight 
hundred and ninety-seven, shall be depending in the Court of 
Errors and Appeals, and all the books, records and papers of 
said court, shall be transferred to the Supreme Court estab- 
lished by this amended Constitution; and the said writs of 
error, appeals and proceedings shall be proceeded in the said 
Supreme Court to final judgment, decree or other determina- 
tion. 

All suits, proceedings, and matters which, on the said 
tenth day of June in the year one thousand eight hundred 
and ninety-seven, shall be depending in the Superior Court, 
and all books, records and papers of the said court, shall be 
transferred to the Superior Court established by this amended 
Constitution, and the said suits, proceedings and matters shall 
be proceeded in to final judgment, or determination, in the said 
Superior Court established by this amended Constitution. 

All indictments, proceedings and matters which, on the 
said tenth day of June in the year one thousand eight hun- 
dred and ninety-seven, shall be depending in the Court of 
General Sessions of the Peace and Jail Delivery, shall be tians- 
ferred to and proceeded in to final judgment and determina- 
tion in the Court of General Sessions established by this 
amended Constitution, or be otherwise disposed of by the 
Court of General Sessions and all books, records and papers oi 
said Court of General Sessions of the Peace and Jail Delivery 
shall be transferred to the said Court of General Sessions. 



576 

All indictments, proceedings and matters which, on the 
said tenth day of June in the year one thousand eight hun- 
dred and ninety-seven, shall be depending in the Court of Oyer 
and Terminer, shall be transferred to and proceeded in to final 
judgment and determination in the Court of Oyer and Term- 
iner established by this amended Constitution, 'and all books^ 
records and papers of said Court of Oyer and Terminer shall 
be transferred to said Court of Oyer and Terminer established 
by this amended Constitution. 

All suits, proceedings and matters which, on the said 
tenth day of June in the year one thousand eight hundred 
and ninety-seven, shall be depending in the Court of Chan- 
cery, or in the Orphans' Court, and all records, books and 
papers of said courts respectively, shall be transferred to the 
Court of Chancery or Orphans' Court respectively, established 
by this amended Constitution: and the suits, proceedings and 
matters, shall be proceeded in to final decree, order or other- 
determination. 

Section 10. Unless otherwise provided, the Registers' 
Courts and the jurisdiction of Justices of the Peace shall not 
be affected by this amended Constitution. 

Section n. If the Chancellor. Chief Justice, or any Asso- 
ciate Judge in office at the time this amended Constitution 
shall take effect shall not be appointed Chancellor, Chief Jus- 
tice or Associate Judge under this amended Constitution, he- 
shall be entitled to receive the sum of fifteen hundred dollars 
per annum, payable quarterly, for five years, after the expira- 
tion of his office, if he shall so long live. 

Section 12. The first biennial Session of the General As- 
sembly under this amended Constitution shall commence on 
the first Tuesday in January in the year one thousand eight 
hundred and ninety-nine. 

Section 13. The provisions of Section 15 of Article II of 
this amended Constitution relating to the amount of the com- 
pensation of the members of the General Assembly and the 
presiding officers of the respective Houses shall not apply to 
any adjourned, special or extra session of the General Assem- 
bly held prior to the first Tuesday in January in the year one 
thousand eight hundred and ninety-nine. 



577 

Section 14. Until the General Assembly shall enact a 
general law as provided for in Section 1 of Article IX, of this, 
amended Constitution, existing corporations may be renewed 
for a period not exceeding four years without change or en- 
largement of their corporate powers or duties in the manner 
lawful before this amended Constitution shall take effect. 

Section 15. Until the General Assembly shall otherwise 
provide, guardians' accounts shall be hied with and be adjusted 
and settled by the Register of Wills for the county, and be 
subject to exception, hearing, adjustment and settlement in 
the Orphans' Court for the county as before this amended 
Constitution took effect. 

Section 16. Unless otherwise provided by this amended 
Constitution or Schedule the terms of persons holding public 
offices to which they have been elected or appointed at the 
time this amended Constitution and Schedule shall take effect, 
shall not be vacated or otherwise affected thereby. 

Section 17. One or more vacancies in the Board of Par- 
dons shall not invalidate any act of the remaining members 
of said board, not less than three in number. 

Section 18. All the laws of this State existing at the time 
this Constitution shall take effect, and not inconsistent with it, 
shall remain in force, except so far as they shall be altered In- 
future laws. 

Section 19. The General Assembly, as soon as conven- 
iently may be after this Constitution shall take effect, shall 
enact all laws necessary or proper for carrying out the provis- 
ions thereof. 

Done in Convention, the fourth day of June in the 
year of our Lord one thousand eight hundred and ninety- 
seven and of the Independence of the United States of Amer- 
ica the one hundred and twenty-first. 

In Testimony Whereof, we have hereunto subscribed our 
names. 

Mr. Spruance moved that Mr. Cooch accompany the Sec- 
retary to the office of The Delawarean with the amended Con- 



573 

stitution and Schedule for the purpose of fastening the same 
together. 

The motion Prevailed. 

Mr. Saulsbury moved that the President be authorized to 
receipt to the Prothonotaries for the number of Revised Codes 
received by the Convention. 

The motion Prevailed. 

Air. Hearne moved that the allowances made to Peter C. 
Gruwell for $100, be increased to $200. 

The motion Prevailed. 

Air. Ellegood moved to take up for consideration his reso- 
lution authorizing the printing of the Convention Journal and 
the Committee of the Whole Journal. 

The motion Prevailed. 

Mr. Ellegood moved to adopt it. 

The motion Prevailed. 

Mr. Spruance moved that the roll be called beginning 
with the President, and as each member is called, he sign the 
enrolled copy of the amended Constitution and Schedule. 

The motion Prevailed. 

Whereupon the roll was called and the following mem- 
bers signed their names: 

President Biggs, Bradford, Burris, Cannon, Carlisle, Cav- 
ender, Clark, Cooch, Cooper, Dasey, Ellegood, Evans, Gil- 
christ, Harman, Hearne, Horsey, Hering, Johnson, Martin, 
Moore. Murray, Orr, Pratt, Richards, Sapp, Saulsbury, 
Smith ers, Spruance, Wright. 

Air. Spruance moved that the signatures be attested by 
the Secretary. 

The motion Prevailed. 

Mr. Cooch moved that the Secretary be directed to deliver 



579 

the amended Constitution to the President for the purpose of 
delivering the same to the Secretary of State. 

The moion Prevailed. 

Mr. Richards offered, read and moved the adoption of the 
following resolution : 

Resolved, That the thanks of this Convention are hereby 
tendered to the Hon. John Biggs, the President of the Con- 
vention, for the fair and impartial manner in which he has dis- 
charged the responsible duties of presiding officer, and in re- 
tiring from the chair he carries with him the best wishes of the 
members of this Convention for his future prosperity and 
happiness. 

The motion Prevailed. 

Mr. Cavender offered, read and moved the adoption of the 
following resolution : 

Resolved, That the thanks of this Convention be and is 
hereby tendered to Charles G. Guyer and Edmond C. Hardes- 
ty, for their admirable reports of the debates of this Conven- 
tion, as well as for their uniformly, urbane and gentlemanly 
conduct in their intercourse with the members. 

The motion Prevailed. 

Mr. Cavender offered, read and moved the adoption of the 
following resolution: 

Resolved, That the thanks of this Convention be and is 
hereby cordially tendered to the newspaper reporters who have 
attended upon its sessions for the full, fair and impartial man- 
ner in which they have reported its proceedings, 

The motion Prevailed. 

Mr. Saulsbury offered, read and moved the adoption of 
the following resolution: 

Resolved, That the hearty thanks of the Convention are 
hereby tendered Charles R. Jones, Scretary of the Convention. 
and Morgan T. Gum, Assistant Secretary, for their uniform 



5 8o 

courtesy and kindness to the members and for the efficiency 
with which they have discharged their duties. 

The motion Prevailed. 

Mr. Hearne offered, read and moved the adoption of the 
following resolution : 

Resolved, That the clock at this time in the Convention 
hall be donated to Daniel V. Hutchins, our Sergeant-at-arms, 
the same to be his absolute property. 

The motion Prevailed. 

Mr. Hearne offered, read and moved the adoption of the 
following resolution : 

Resolved. That the Sergeant-at-arms of this Convention 
be and he is hereby directed to deliver to the State Librarian 
the dictionary, desks, chairs, and all furniture and fixtures of 
the Convention not heretofore or otherwise disposed of. 

The motion Prevailed. 

Prayer was offered by member, David S. Clark. 

Mr. Hearne moved that a vote of thanks be extended to 
the Chaplain, Sergeant-at-arms and Page. 

The motion unanimously prevailed. 

Mr. Spruance moved that this Convention do now ad- 
journ without day. 

The motion Prevailed. 

And the President proclaimed the Convention adjourned 
without dav. 



In obedience to a resolution of the Constitutional Con- 
tention of the State of Delaware, adopted the third day of 
June, A. D. 1897, I have caused to be published the foregoing 
Journal of the Constitutional Convention. 

Where lines are mentioned by number, the numbers have 
reference to those found in the piinted or type written reports 
as they were considered by the Convention, and not to what 
would be their numbers as they appear on the pages of this 
Journal, 

CHARLES R. JONES, 

Secretary of the Convention. 

Georgetown, Del., December 30, 1897. 



INDEX. 



A. 

ACCOUNTS, COMMITTEE ON— 

Recommended •. 15 

Appointed 22 

Reported 521 

ADAMS EXPRESS COMPANY— 

Bill presented 46 

ADDRESS— 

By President Biggs 6 

ADMINISTRATORS— 

See report of committee 191 

ADJOURNMENT— 

Sine die 580 

AGRICULTURE— 

Resolution relating to establishing department of 14 

Committee on appointed 22 

Report presented 153, 154 

Second report 277 

In relation to 353 

ALTERATIONS TO THE CONSTITUTION— 

Committee on recommended 15 

Committee on appointed 22 

First report' 258 

Notice of final action 308 



2 

AMENDMENTS TO THE CONSTITUTION— 

Committee on, recommended 15 

Committee on, appointed 22 

First report 258 

Notice of final action 308 

Adopted . . 440 

AMENDMENTS AND CONVENTIONS— 

Article in relation to 357 

AMERICAN CONSTITUTIONS— 

Copies ordered purchased 29 

AMENDED CONSTITUTION— 

Date of taking effect 518 

Enrolled copy ordered read 520 

Adopted as a whole 522 

Signed 578 

AMERICAN FLAG— 

Directed to be raised during session 45 

ANTI-SUFFRAGE ASSOCIATION OF NEW YORK— 

Communication from 106 

APPEALS— 

In relation to 382 

ARGUS PUBLISHING COMPANY— 

Bill from presented 34 

Claim allowed 106 

ARMORY M. E. CHURCH— 

Petition from 121 

ARMORY M. E. SUNDAY SCHOOL— 

Petition from 124 



3 

ARRANGEMENT AND PHRASEOLOGY— 

Committee on 247, 248 

ARTICLES— 

See reports of committee on 521 

ASSESSMENTS— 

See Section 7, Article VIII 420 

ASSISTANT SECRETARY— 

Morgan T. Gum elected 9 

ASSOCIATIONS— 

(See report, 97). 

ASSOCIATE JUSTICES— 

See report of committee 183, 192 

How first appointed 509 

Term of 517 

ATTORNEY GENERAL— 

See committee report 66, 229 

AUDITOR— 

See committee report 66 

AVERY, REV. WALTER E.— 

Elected Chaplain of Convention 8 

B. 

BACH, F. E.— 

Appointed to assist Secretary 66 

BALLOT— 

Committee on Securing the Purity of, recommended. . 15 

Appointed 22 

Reported 49, 50, 5 1 , 52 

Laid on table and ordered to be printed 52 

Typewritten copies of report of committee on ordered . 82 



4 

BEAUCHAMP, REV. J. H.— 

Prayer by 256 

BENN, GEORGE W.— 

Claim allowed 90 

BIENNIAL SESSIONS OF GENERAL ASSEMBLY— 

See report on Legislature 321 

When first shall begin 510 

BIGGS, JOHN— 

Member of Convention, credentials endorsed 4 

Elected President of Convention 5 

Addressed Convention 6 

BILL OF RIGHTS, COMMITTEE ON— 

Appointed 62 

Reported 270 

Adopted as a whole 361 

board of agriculture- 
How composed 353, 354 

Term for which established 427 

BOARD OF CANVASS— 

See committee report 206 

How constituted 349 

BOARD OF CANVASS OF KENT COUNTY— 

Credentials signed by, presented 4 

BOARD OF PARDONS— 

See committee report 227 

Vacancies not invalidate action 512 

BOYCE, W. H.— 

Claim presented ' . 488 



5 

BRADFORD, EDWARD G.— 

Member of Convention, credentials endorsed 4 

Nominated for President of Convention 5 

President pro tempore 125 

BRIBERY— 

See report committee 252 

Of members of Assembly 324 

BROCKSON, FRANKLIN— 

Nominated for Assistant Secretary of Convention. ... 8 
BROWN, A. N.— 

Nominated for Assistant Secretary of Convention .... 8 

BRYAN, HON. WILLIAM JENNINGS— 

Thanks for invitation to hear an address to be deliv- 
ered by 1 66 

BURRIS, MARTIN B.— 

Member of Convention, credentials endorsed 4 

BUTLER, E. S. R.— 

Claim allowed 178 

c 

CALENDAR— 

Secretary directed to keep a daily 41 

CANNON, WILLIAM A.— 

Member of Convention, credentials endorsed 4 

CAREY, HON. JOSEPH M.— 

Communication from presented and read 138 

CARLISLE, PARIS T.— 

Member of Convention, credentials endorsed 5 



6 

CASSON, FISHER & CO.— 

Claims allowed 106 

CA VENDER, WILSON T.— 

Member of Convention, presented credentials of Kent 

County delegates 3 

Credentials endorsed 4 

President pro tempore 182 

CHANCELLOR— 

See report of committee 183, 192 

Duties defined 331 

How first appointed 509 

Term 517 

CHAPLAIN OF CONVENTION— 

Rev. Walter E. Avery elected 8 

CHIEF JUSTICE— 

See report of committee 183, 192 

How first appointed 509 

Term 517 

CHRISTIAN CHURCHES— 

Petition from 79 

CITIZENS OF DELAWARE— 

Communication from 143 

CIVIL CAUSES— 

In relation to 3^6 

CIVIL OFFICERS— 

See report committee 207 

CLARK & McDANIEL— 

Claim allowed 129 



CLARK, DAVID S.— 

M>ember of Convention, credentials endorsed 4 

CLERGYMEN— 

Section in relation to, offered and lost 479 

CLERK OF THE ORPHANS' COURT— 

See report of committee on 66, 227 

CLERK OF THE PEACE— 

See report of committee 66, 227 

CLIFTON, JAMES A.— 

(See Claims). 

COMMISSIONERS OF AGRICULTURE— 

See report 2*]^ 

How appointed, duties of 353 

COMMITTEE OF THE WHOLE— 

Convention resolved itself into 55 

(See daily proceed ngs and reports). 

COMMITTEES, STANDING— 

List recommended and adopted, 15, 16; copies of list ordered 
printed, 23. 

On rules, report offered and adopted, 18; reconsidered, 19; re- 
ported, 26, 2y, 28; copies ordered printed, 28; reported, 
37, 38, 39, 40, 41 ; adopted, 41. 

On Taxation, appointed, 32; report presented and referred, 
166, 167. 

On the Legislature, appointed, 22; reported, 109, no; second 
report, 119, 120. 

On Governor and Executive Officers, appointed, 22 ; reported, 
35; report referred, 37; 500 copies ordered printed, ^y. 
supplementary report submitted. 65, 66. 



COMMITTEES, STANDING— Continued. 

On Judiciary, appointed, 22\ reported, 42, 43, 44; report re- 
ferred, 44; copies ordered printed, 44; reported, 125, 126. 

On Elections, appointed, 22\ report presented and referred, 42, 
43, 44; second report, 134, 135, 136; third report, 149, 150. 

On securing the purity of the ballot, appointed, 22. 

On Corporations, appointed, 22\ report presented, 97; referred 
and copies ordered printed, 101. 

On Crimes, Punishments and Impeachments, appointed, 22. 

On Agriculture, appointed, 22. 

On Alterations and Amendments to the Constitution, appoint- 
ed, 22. 

On Accounts, appointed, 22\ report presented, read and 
adopted, 521, 522. 

Of the Whole, (see Convention). 

On Bill of Rights, appointed, 62. 

On Education, appointed, 62; reported, 147; second report, 
162. 

COMMITTEES, SPECIAE— 

To arrange schedule of standing committees and manner of 
procedure, 10; appointed, 14; reported, 15. 

To consider question of members being sworn, 10; appointed, 
14; reported, 20; report adopted, 21. 

To secure and prepare place of meeting for Convention, 11; 
appointed, 14; reported, 18. 

To consider the question of employing stenographers, 1 1 ; ap- 
pointed, 14; reported, 16. 

To invite Governor and other officials to seats on the floor of 
Convention, 13; reported and discharged, 56. 

On Rules, appointed, 14; reported, 18. 



9 

COMMITTEES, SPECIAL— Continued. 

On Seating Members, appointed, 14. 

On Manufacture and Sale of Intoxicating Liquors, appointed, 
62. 

On Education, 33. 

To co-operate with others in preparing for inauguration of 
Governor-elect, appointed, 80; reported, 155. 

In reference to inaugural ceremonies at Washington, appoint- 
ed, 152. 

On submitting the Constitution to vote of the people for ratifi- 
cation, report presented and adopted, 501. 

COMMUNICATIONS AND PETITIONS— 

From the Evangelical Association of Sunday Schools, New 
Castle County, presented, read and referred, 23, 24. 

From Delaware Equal Suffrage Association, presented, read 
and referred, 29, 30. 

From National League for Protection of American Institu- 
■ tions, presented, read and referred, 36, 37. 

From Little Creek Hundred, read and referred, j6. 

From Christian Churches, presented, read and referred, 79. 

From Wilmington Preachers' Association, presented, read and 
referred, 79. 

From Mrs. S. D. Hill, John S. Stengle and others, presented, 
read and referred, 86. 

From State Liquor League, presented, read and referred, 89. 

From Thomas B. Coursey, presented, read and referred, 91. 

From the Society of Friends, presented, read and referred. 92. 

From the Diocese of Delaware, presented, read and referred, 
106. 



IO 

COMMUNICATIONS AND PETITIONS— Continued. 

From the Anti-Suffrage Society of New York, presented, read 
and referred. 106. 

From the State Hospital for the Insane, invitation read and 
accepted, 108. 

From L. M. Price, presented, read and referred, 109. 

From New Castle, Kent and Sussex Counties, regarding equal 
suffrage, presented and referred, 113. 

From Delaware City M. E. Church, presented, read and re- 
ferred, 113. 

From T. M. Davis and others, presented, read and referred,. 
116. 

From W. T. Valiant and others, presented and referred, 116. 
From R. J. Short and others, presented and referred, 116. 
From Mason, C. H., and others, presented and referred, 116. 
From S. J- Morris and others, presented and referred, 116. 
From C. A. Grise and others, presented and referred, 116. 

From Armory M. E. Church of Dover, presented, read and 
referred, 121. 

From the Union Labor League of Y\ llmington, presented, 
read and referred, 124. 

From Armory M. E. Sunday School, presented, read and re- 
ferred, 124. 

From Lewes M. E. Church, presented, read and referred, 129. 

From the Philanthropic Committee of Wilmington, presented 
and referred, 133. 

From the Junior Order of L T nited American Mechanics, pre- 
sented and referred, 133. 

From Hon. Joseph M. Carey, presented and read, 138. 



1 1 

COMMUNICATIONS AND PETITIONS— Continued. 

From citizens of Delaware, presented, read and referred, 143. 

From the citizens of Harrington, presented, read and referred, 
146. 

From James E. Thomas and others, presented and referred,. 

165. 

From Wilmington Preachers' Association, presented, read and 
referred, 175. 

From the Democratic League of Delaware, presented and 
read, 177. 

From the Wilmington Annual Conference of the Methodist 
Episcopal Church, 201. 

From citizens of the City of Wilmington, in reference to sub- 
mission of Constitution for ratification, presented, read 
and referred, 484, 485. 

COMPENSATION— 

Of members of Assembly 323 

CONSTITUTIONAL CONVENTION— 

Copies of 1853, ordered printed 53-54 

CONTRACTS FOR PUBLIC WORK— 

Resolution in relation to 81 

CONSTITUTION— 

Committee on Alterations and Amendments recom- 
mended 15 

CONSTITUTION OF THE STATE— 

Report of the Committee on Phraseology, on 309 

CONSTITUTION OF THE STATE OF DELAWARE AS 
ADOPTED— 

Title 523 

! Yeamble 523 

38—c 



12 

CONSTITUTION OF THE STATE OF DELAWARE AS 
ADOPTED— Continued. 

Article I, Bill of Rights 523-526 

Article II, Legislature '. . .526-538 

Article III, Executive 538-544 

Article IV, Judiciary 544~553 

Article V, Elections 554-562 

Article VI, Impeachment and Treason 562 

Article VII, Pardons 563 

Article VIII, Revenue and Taxation 563-565 

Article IX, Corporations 565-566 

Article X, Education 566 

Article XI, Agriculture 567 

Article XII, Health 568 

Article XIII, Local Option 568-569 

Article XIV, Oath of Office 569-570 

Article XV, Miscellaneous 57°S7 1 

Article XVI, Amendments and Conventions 571-572 

Schedule 573S77 

Motion that Schedule and Constitution be fastened 

together 578 

Signed by members on call of roll 578 

Signatures attested by Secretary 578 

Delivered to President of Convention 579 

CONVENTION— 

Convened 3 

To amend Constitution. . 259 

COOCH, J- WILKINS— 

M ember of Convention; elected President pro tempore; 
credentials endorsed 4 

COOPER, EZEKIEL W.— 

M mber of Convention, credentials endorsed 4 

Presi lent pro tempore 171 

COOPER, RICHARD R.— 

Claim presented 429 



13 

COPIES OF CONSTITUTION— 

Directed to be furnished to members of House of Rep- 
resentatives 378 

CORONERS— 

See report 227 

CORONER OF KENT COUNTY— 

Certificate of election of delegates from, signed by, pre- 
sented 4 

CORPORATIONS, COMMITTEE ON— 

Appointed 22 

Reported 97 

Second report 219 

' Reported 240 

CORPORATIONS— 

In relation to 351 

CORPORATIONS, PRIVATE— 

See report 97-100 

COUNTIES, NEW CASTLE, KENT AND SUSSEX— 

Credentials of delegates from, presented and en- 
dorsed 4, 5 

Elected President pro tempore 150 

COUNTY OFFICERS— 

See report of committee 66, 227 

Terms of elective, when to begin 507, 508 

COUNTY BOARD OF REVIEW AND REGISTRA- 
TION— 

Motion in reference to 477 

COURSEY, THOMAS B.— 

Communication from 91 



14 

COURT IN BANC— 

How constituted 383 

COURT OF CHANCERY— 

See Judiciary report 125, 126 

In relation to 381 

Amended section adopted 519, 

COURT OF ERRORS AXD APPEALS— 

See Judiciary report 125, 126 

Amended section adopted 519 

COURT OF GENERAL SESSIONS— 

See Judiciary report 125, 126 

Amended section adopted •'5 I 9 

COURT OF OYER AXD TERMINER— 

See Judiciary report 125, 126 

Amended section adopted 519 

COURT OF JUSTICE— 

In relation to 5 1& 

CRAXSTOX, MARTHA S.— 

Communication from 29, 30 

CREDENTIALS, COMMITTEE ON— 

Appointed 3 

Reported 4 

Report adopted 5 

CRIMES, COMMITTEE ON— 

Recommended 15 

Appointed 22 

CRIMINAL PROSECUTIONS— 

See report 311 



15 

CRIMES, PUNISHMENTS AND IMPEACHMENTS, 
COMMITTEE ON— 

Recommended 15 

Appointed 22 

First report presented 207 

Notice of iinal action 241 

CROSBY, WILLIAM H.— 

Communication from 24 

CULBRETH, T. O.— 

(See Claims). 
CUSHING'S MANUAL— 

Adopted for government of Convention 2$ 

D. 

DASEY, ROBERT W.— 

Member of Convention, called Convention to order. . . 3 

Credentials endorsed 4 

President pro tempore 152 

DAMS, J. M.— 

Communication from 116 

DEANE, JOSHUA D.— 

Claim presented 271 

DEBTS— 

Actions in relation to 386, 387 

DELAWARE CITY METHODIST EPISCOPAL 
CHURCH— 

Communication from [ 13 

DELAWAREAN— 

Claim presented 498 



i6 

DELAWARE EQUAL SUFFRAGE ASSOCIATION— 

Communication from . . ; 29, 30 

Hearing granted 77 

DELAWARE COLLEGE— 

See report of committee 1 54 

DELEGATES— 

Credentials presented and endorsed 4, 5 

DEMOCRATIC LEAGUE OF DELAWARE— 

Communication from 177 

DIOCESE OF DELAWARE— 

Communication from 106 

DISTRICTS— 

Divisions of State for purpose of voting on the ques- 
tion of the manufacture and sale of liquor 210 

divorces- 
How granted, see report 324 

DONAHOE, JOHN P. 

Member of Convention, credentials endorsed 4 

DOWNES, REV. RICHARD— 

Opened with prayer 239 

DOVER INDEX— 

Claim allowed 484 

E. 

EDUCATION— 

In relation to 352 

EDUCATION, SPECIAL COMMITTEE ON— 

Appointed 33. 



i7 

EDUCATION, SPECIAL COMMITTEE ON— Continued. 

Report presented 147 

Second report 162 

Notice of final action 242 

ELECTRIC PRESS, THE— 

Claim presented 408 

elections- 
How held; qualifications of voters 340 

ELLEGOOD, JOSHUA A.— 

Member of Convention, credentials endorsed 4 

Elected President pro tempore 157 

ELIGIBILITY— 

To membership of Assembly, see report 321 

ELECTIONS, COMMITTEE ON— 

Recommended 15 

Appointed 22 

Reported and report referred 42, 43, 44 

Second report 134, 135, 136 

' Third report 149, 1 50 

Fourth report presented 205 

Adopted 479 

ENACTING CLAUSE— 

Of Constitution 360 

EQUITABLE TRUST AND GUARANTEE COM- 
PANY— 

Selected as depository of stenographic report 515 

EVANS, CHARLES B.— 

Claim allowed 495 

Member of Convention, credentials endorsed 4 

President pro tempore 46 



i8 

EVANGELICAL SUNDAY SCHOOL ASSOCIATION— 

Communication from 23, 24 

EVERY EVENING PUBLISHING COMPANY— 

Claim presented 131 

EXECUTORS— 

See report of committee 191 

EXECUTIVE— 

Report of committee on 325 

EXECUTIVE OFFICERS, COMMITTEE ON— 

Appointed 22 

Reported 219-228 

F. 

FEES— 

See committee reports 66 

FINES— 

Report in relation to 35, 36, 37 

FISHER, WILLIAM— 

Claim presented 233 

FLINN, WILLIAM R.— 

Sheriff of New Castle County, presented certificates of 
election of delegates from 3 

FOREIGN CORPORATIONS— 

See reports committee 220, 240 

Adopted 465 

FREE PASSES— 

Motion in relation to 44 1 



19 

FREE SCHOOLS— 

See committee report 147 

G. 

GAMBLING— 

See amendment report of Legislative committee 410 

GENERAL ASSEMBLY— 

See committee report 109, no, 250, 251, 257, 258 

Substitute offered 409 

Date of first biennial session of 510 

To enact laws '. 511 

GENERAL ELECTIONS— 

See report committee 149, 150, 444 

GENERAL INCORPORATION LAW— 

See report of committee 240 

Its relation to existing corporations 511 

GODWIN, JAMES S.— 

Claim allowed 495 

GOODEN, THOMAS M.— 

(Postmaster, see bills allowed) . 

GOVERNOR AND OTHER OFFICERS, COMMITTEE 
ON— 

Recommended 15 

Appointed 22 

Report on, and Lieutenant Governor 65, 66 

Third report 220 

Fourth report 2O4. 325 

GOVERNOR-ELECT— 

Committee to aid in preparations for inauguration of. . 79 



20 

GILCHRIST, JAMES B.— 

Member of Convention, credentials endorsed 4 

GRAY, CHARLES H.— 

Communication from 24 

GRUWELL, PETER C— 

Claim presented 466 

GUARDIANS ACCOUNTS— 

Provision in relation to 512 

GRISE, C. A.— 

Communication from 116 

GUBERNATORIAL SUCCESSION— 

How arranged 479 

GUM. MORGAN T.— 

Nominated for Secretary of Convention 7 

Elected Assistant Secretary 9 

GUYER & HARDESTY— 

(See Claims). 

GUYER, CHARLES G.— 

Recommended as stenographer 16 

Appointed 16 

HAMAN, M. E.— 

Claim of presented 289 

HARDESTY, E. C— 

Recommended and appointed stenographer 16, 17 

HARRINGTON. CITIZENS OF— 

Petition from presented, read and referred 146 



21 

HARMAN, J. AND J. N.— 

Claim allowed 132 

HARMAN, ROBERT G.— 

Member of Convention, credentials endorsed 4 

HEALTH— 

State Board of 354 

HEARNE, EDWARD D.— 

Member of Convention, credentials endorsed 4 

HEARNE, ANNIE WILSON— 

Card of thanks from 177 

HEGEMAN, E. D. C— 

Nominate d for Assistant Secretary of Convention 8 

HERING— 

Member of Convention, credentials endorsed 4 

President pro tempore 290 

HILL, MRS. S. D.— 

Petition from 86 

HORCEY, ANDREW J.— 

Member of Convention, credentials endorsed 4 

HOUR OF MEETING— 

Decided on 10 

HORTICULTURIST— 

See report of committee 1 54 

HOUSE OF REPRESENTATIVES, RULES GOVERN- 
ING— 

Adopted for Convention 18 

Reconsidered 19 



22 

HOUSE OF REPRESENTATIVES, RULES GOVERN- 
ING — Continued. 

See committee report 207 

Adopted 404, 405 

HUTCHINS, ARTHUR— 

Elected Page 7 

(See Claims). 

HUTCHINS, DANIEL V.— 

Elected Sergeant-at-Arms 7 

L 

IMPEACHMENT AND TREASON— 

In relation to . . 348 

IMPEACHMENTS, COMMITTEE ON— 

Recommended 15 

Appointed 22 

How tried 207 

INAUGURAL CEREMONIES— 

Committee appointed in reference to, at Washington. . 152 

INAUGURATION— 

Committee to co-operate with Assembly in preparation 

for Governor's 79 

Report presented 155 

INELIGIBILITY— 

To membership in General Assembly 252 

INFECTIOUS DISEASES— 

See agricultural report 278 

INFERIOR COURTS— 

Jurisdiction of 388 



23 

INSURANCE COMMISSIONER— 

See report of committee 66, 22.7 

Relation to term of 373 

Proviso in reference to present 506 

INTOXICATING LIQUORS— 

Committee to consider question of governing the man- 
ufacture and sale of, appointed 25 

First report 209 

INVITATION, COMMITTEE ON— 

To floor of Convention, appointed 21 

Reported and committee discharged 56 

J- 

JARRELL, GEORGE P.— 

Claim presented 410 

JONES, CHARLES R.— 

Elected Secretary of Convention 7 

JONES, FRANK M.— 

Resolution authorizing, to print stenographic report. .515 
JONES, T. K., & BRO.— 

Claim presented 131 

JOHNSON, ANDREW L.— 

Member of Convention, credentials endorsed 4 

President pro tempore 274 

JOHNSON, T. W., & CO.— 

Claim presented 106 

JOURNAL— 

Amended 12 



24 

JOURNAL PRINTING COMPANY, THE— 

Claim allowed 178 

JUDICIARY— 

See report on 331 

In relation to compensation of members of, not re-ap- 
pointed 510 

JUDGE— 

In relation to the, of the Municipal Court of the City 

of Wilmington 81 

How appointed, term of 390 

JUDGE AD LITEM— 

Governor empowered to commission 384 

JUDICIARY, COMMITTEE ON— 

Recommended 15 

Appointed 22 

Report presented and referred 125, 126 

Second report 183-192 

JUDGES— 

See report 125 

Governor may remove 391, 392 

JUNIOR ORDER UNITED AMERICAN MECHAN- 
ICS— 

Communication from 133 

JURISDICTION— 

Of courts 380 

JURORS— 

Amendment in relation to, offered and lost 479, 480 

juries- 
How charged 386 



25 

JUSTICES OF THE PEACE— 

Resolution in relation to 82 

See report of committee 183-192 

Jurisdiction 510 

K. 

KING, JAMES M.— 

Communication from 57 

L, 

LADIES— 

Granted privilege of the floor yy 

LAWS OF THE STATE— 

Not inconsistent to remain in force 511 

LEGISLATURE, COMMITTEE ON— 

Appointed 22 

Reported '. . . 109, 1 10 

Second report 119, 120 

Third report 215 

Fourth report 250 

Considered by sections 364-371 

LEGISLATIVE POWER— 

See report on Legislature 313 

LEWES M. E. CHURCH— 

Communication from • • • • T2 9 

LIBRARY BUILDING— 

Selected as place of meeting 18 

Report presented 109, 1 10 

LIBRARIAN— 

Directed to furnish supplies 10 



26 

LICHTENSTEIN & HART— 

Claims allowed 93 

LICENSE— 

In relation to voting on 266 

LIEUTENANT GOVERNOR— 

(See Governor and Other Executive Officers). 

Report of committee on 221-228 

Duties defined 329 

LIQUORS— 

Committee to consider tne question of manufacture 
and sale of, appointed 25 

LITTLE CREEK HUNDRED— 

Communication from j6 

LIVE STOCK— 

In relation to special laws regarding 252 

LOCAL OPTION— 

Article in relation to 355 

Adopted 482 

LOTTERIES— 

See Legislative Committee report 324. 

M. 

MANUFACTURE AND SALE OF INTOXICATING 
LIQUORS, COMMITTEE ON— 

Appointed 25 

First report 209 

Substitute presented 266 



2 7 

MARTIN, WOODBURN— 

Member of Convention, elected Secretary pro tempore 3 

Credentials endorsed 4 

President pro tempore . \ 121 

MARTIN, HON. EDWARD L.— 

Resolutions on the death of, read and adopted 130' 

MASON, C. H.— 

Communication from 116 

McDANIEL, H.— 

Claim allowed 93 

McGLOGHLON, W. D.— 

Claim presented 131 

MEMBERS— 

Credentials endorsed 4, 5 

METHODIST EPISCOPAL CHURCH— 

(Communication from annual conference of, see com- 
munications). 

MILLER, PIARRY A.— 

Claim allowed 93 

MINORITY REPORT 211 

MISCELLANEOUS— 

Article in relation to 356 

Adopted 513 

MOORE, ELIAS N.— 

Member of Convention, credentials endorsed 4 

MORRIS, S. J.— 

Communication from '. 110 

39-c 



28 

MUNICIPAL BONDS— 

In relation to 254 

MUNICIPAL INDEBTEDNESS— 

In relation to , . 254 

MUNICIPAL COURT— 

In relation to the, of the City of Wilmington 81 

MUNICIPAL LOANS— 

See report of committee 172 

MURRAY,, GEORGE H.— 

Member of Convention, credentials endorsed 5 

NATIONAL LEAGUE FOR PROTECTION OF AMER- 
ICAN INDUSTRIES— 

Communication from, presented, read and referred . 56, 57 

NEW CASTLE, COUNTY OF— 

Certificates of delegates-elect presented 4 

In relation to officials of 81 

See supplementary report Legislative Committee 300 

NEWS PUBLISHING COMPANY— 

(See claims). 
NEW YORK— 

Copy of Constitution of the State of, ordered. . 53 

NIGHT SESSIONS '. . .214 

o. 

OATH, COMMITTEE ON— 

Reported and report adopted 20, 21 

See committee report 257, 258 



2g 

OATH OF OFFICE— 

Article in relation to 355 

Adopted 43 1 

OBRIEN, T. A. H.— 

Opened with prayer 236 

OFFICIAL REPORTS— 

In relation to printing and binding 513 

ORDER OF BUSINESS, COMMITTEE ON— 

Appointed 14 

ORGANIZATION— 

Temporary, effected 3' 

Permanent 5,6 

ORPHANS' COURT— 

Clerk of, see report 227 

ORR, WILLIAM P.— 

Member of Convention, credentials endorsed 4 

P. 

PAGE— 

Of Convention, elected 7 

PARKER, STANFORD L.— 

Communication from 94 

PARTNERSHIPS— 

See report 97 

PARDONS— 

In relation to 349 

PENNEWILL, C. S — 

(See Claims). 



30 

PETITIONS— 

(See Communications and Petitions). 

PHILANTHROPIC COMMITTEE OF WILMING- 
TON— 

Communication from. . 133, 

PHRASEOLOGY AXD ARRANGEMENT— 

Committee appointed 247, 248 

Reported 302 

PIERCE, REV. J. C— 

Opened with prayer 291 

PLACE OF MEETING— 

New library building selected 18 

Committee on reported 29, 31 

PRATT, NATHAN— 

Member of Convention, credentials endorsed 4 

PRESIDENT— 

Pro tempore appointed 3 

John Biggs elected 6 

PRESIDENT PRO TEMPORE— 

Of the Senate, see report 251 

PRICE, L. M.— 

Communication from 109 

PRINTING, OFFICIAL— 

To be done by contract 513 

PRINTING, STANDING COMMITTEE ON— 

Appointed 25. 



3i 

PROMULGATION OF CONSTITUTION AND SCHED- 
ULE— 

Resolution to adopt 502 

PROTHONOTARY— 

See report of committee 66 

Report 220-228 

Duties denned 388 

PROSECUTIONS— 

For election offences 354 

PUBLIC WORK— 

Resolution in relation to contracts for 81 

PUBLIC OFFICERS— 

In relation to manner of having public work performed 81 

PUBLIC SCHOOL FUND— 

In relation to 352 

Amended and adopted 467, 468, 469 

PUNISHMENTS, COMMITTEE ON— 

Recommended 15 

Appointed 22 

PURITY OF THE BALLOT, COMMITTEE ON— 

Appointed 22 

Reported 50~5 2 

Q- 

QUORUM— 

Of courts, how constituted 380 

R. 

RAILROAD COMMISSIONER— 

In relation to 473 



32 

RAILROADS— 

In relation to 472 

RAILROAD FRANCHISE— 

Communication regarding a general 143 

RATIFICATION— 

Committee on submitting Constitution to people for, 
reported adversely 501 

RECESS— 

Committee on Rules to arrange for 19 

RECORDER OF DEEDS— 

See report of committee 66, 227 

REGISTER OF WILLS— 

See report of committee 66, 227 

Duties denned 390 

REGISTERS COURT— 

See Judiciary report 125, 126 

Jurisdiction 510 

REGISTER IN CHANCERY— 

See report of committee 66, 227 

REGISTRATION OF VOTERS— 

See report of committee 134, 135, 136 

In relation to 342 

REFERENDUM— 

Communication in reference to, presented and re- 
ferred 1 76 

REPRESENTATIVE DISTRICTS— 

See Legislative Committee report , .291-293. 

Report on Legislature 313. 

Adopted 394-403 



33 

REPRESENTATIVE DISTRICTS— 

See report 215, 216 

RESOLUTIONS— 

To submit work of Convention to the people for ratification, 
offered and referred, 10. 

Directing State Librarian to purchase supplies for use of Con- 
vention, offered and adopted, 10. 

To appoint special cimmittee to report manner expedient to 
proceed with business, offered and adopted, 10. 

To offer privileges of floor to State officials, offered and adopt- 
ed, 13. 

Requesting Secretary to furnish members with Revised Code 
and Laws, offered and adopted, 13. 

Directing Secretary to furnish stamps and daily papers, 13; 
offered and adopted, 13. 

To appoint committee to consider propriety of establishing 
Department of Agriculture, offered and laid on table, 14. 

In relation to resolutions, reports and proposed amendments, 
offered and adopted, 45. 

Directing that American Flag be raised over State House dur- 
ing sessions, offered and adopted, 45. 

Authorizing the Chairman of Judiciary Committee to arrange 
for meetings of various committees, offered and adopted, 
54- 

Directing chairmen of commitees to confer, 54. 

Limiting time of debate in Committee of the Whole, offered 
and laid on table, 67. 

In relation to cost of stenographic reports, offered and adopt- 
ed, 70. 

In relation to contracts for public work, offered, read and re- 
ferred, 81. 



34 

RESOLUTIONS— Continued. 

In relation to the Superintendents of Free Schools and other 
officers, offered, read and referred, 82. 

In relation to bills presented, offered and adopted, 106. 

In relation to debates in Committee of the Whole, presented, 
read and referred, 107. 

To pay Clarke & McDaniel for stationery, offered and laid on 
the table, 129. 

On the death of Hon. Edward L. Martin, offered and adopted, 
130. 

On the death of Hon. Leonard E. Wales, offered and adopted, 
130, I3 1 - 

Of thanks to Board of Public Education of Wilmington, offer- 
ed and adopted, 151. 

Relating' to sundry amendments to the Constitution, 161. 

In relation to William T. Smithers, offered, read and adopted, 
176. 

In relation to invitation of Democratic League of Delaware, 
offered and adopted, 178. 

In relation to salary warrant, offered and adopted, 200. 

In relation to Committee on Phraseology and Arrangement, 
offered and adopted, 253. 

Requesting Secretary of State to furnish Committee on 
Phraseology certain information, offered and adopted, 
430- 

Directing Secretary of Convention and Secretary of the Com- 
mittee of the Whole to have proceedings printed, pre- 
sented, read and referred, 487, 488; taken up for consider- 
ation, adopted, 578. 

Directing Secretary of State to have printed Constitution and 
Schedule, offered, amended, amendment lost, adopted, 
500. 



35 

RESOLUTIONS— Continued. 

To promulgate amended Constitution and Schedule, offered, 
read, 501 ; adopted, 502. 

In relation to members retaining desks and chairs used, offer- 
ed, read, lost, 506, 507. 

In relation to disposition of stenographic reports of the Con- 
vention, offered, read and adopted, 514, 515. 

Authorizing Secretary of Convention to deliver copy of steno- 
graphic report to Frank M. Jones, offered, read and laid 
on table, 515. 

Of thanks to Hon. John Biggs, President of the Convention, 
offered, read and adopted, 579. 

Of thanks to Charles G. Guyer and Edward C. Hardesty, 
offered, read and adopted, 579. 

Of thanks to reporters of the press offered, read and adopted, 
579- 

Of thanks to Charles R. Jones and Morgan T. Gum, offered, 
read and adopted, 579. 

Donating the Convention clock to Daniel V. Hutchins, 
offered, read and adopted, 580. 

Directing Sergeant-at-Arms to deliver property to State 
Librarian, offered, read and adopted, 580. 

REVELLE, REV. T. P.— 

Chaplain pro tempore 194 

REVENUE AND TAXATION, COMMITTEE ON— 

Appointed 32 

Report presented 166, 167 

Second report 179, 180, 181 

Section 8 of report read 254 

REVISED" CODES— 

Those received by Convention direct ed to be receipted 
for 578 



36 

REVENUE AND TAXATION— 

In relation to 349 

RICHARDS, CHARLES F.— 

Member of Convention, credentials endorsed , . 4 

ROADS AND HIGHWAYS— 

Regarding special laws in relation to 252 

ROLL OF CONVENTION— 

Called first time 5 

ROSSITER, THOMAS— 

Claim allowed 484 

RULES, COMMITTEE ON— 

Appointed 14 

Reported 18 

Report amended 34 

Recommitted 34, 35 

Reported 37, 38, 39, 40, 41 

Report adopted 41 

Amended 276 

s. 

SAPP, LOUDER L.— 

Member of Convention, credentials endorsed 4 

President pro tempore 305 

SAULSBURY, WILLIAM— 

Member of Convention, credentials endorsed 4 

SCHEDULE— 

Submitted, read and adopted 488-492 

Committee of Whole report on 502 

Adopted and ordered enrolled 512 

Additional section added 512, 513 



37 

SCHEDULE— Continued. 

Amendments ordered printed 513 

Amended 517 

SCHOOL DISTRICTS— 

Regarding special laws in relation to 252 

SECRETARY OF CONVENTION— 

Charles R. Jones elected 7 

Directed to take minutes of proceedings of the Com- 
mittee of the Whole 59 

SENATORIAL DISTRICTS— 

See Legislative Committee report 293 

Report on Legislature 313 

Adopted 394-403 

SENATORS— 

See report of committee 250 

Adopted . ; 404 

SENATORIAL DISTRICTS— 

See committee report 215, 216 

SERGEANT- AT-ARMS— 

Daniel V. Hutchins elected 7 

SHERIFFS— 

Present certificates of delegates-elect 4 

See report 22^ 

SHORT, R. J.— 

Communication from 116 

SLAUGHTER & BICE— 

Claim presented 131 

SMITH, REV. ALFRED— 

Opened with prayer 268 



3* 

SMITHERS, WILLIAM T.— 

Member of Convention, credentials endorsed 4 

SOCIETY OF FRIENDS— 

Communication from 92 

SPECIAL LAWS— 

In relation to 252 

SPECIAL SESSION— 

Of General Assembly, provisions not applicable to. . . .511 
SPECIAL COMMITTEES— 
• (See Committees Special). 

SPRUANCE, WILLIAM C— 

Member of Convention, credentials endorsed 4 

President pro tempore 69 

STANDING COMMITTEES— 

(See Committees, Standing). 

STATE AUDITOR— 

Proviso in reference to present 506 

Term of successor to begin 5°7 

STATE BOARD OF AGRICULTURE— 

See report of committee 1 54 

STATE BOARD OF AGRICULTURE— 

In relation to 353, 354 

STATE BOARD OF HEALTH— 

In relation to . 354 

STATE HOSPITAL FOR THE INSANE— 

Communication from 108 



39 

STATE LIBRARIAN— 

Directed to furnish supplies for Convention 10 

STATE LIQUOR LEAGUE— 

Communication from . 89 

STATE SENATE— 

Officers, how chosen 404 

STATE OFFICERS— 

See report of committee on 66 

STATE PRINTING, BINDING, ETC.— 

To be done by contract 513 

STATE SENTINEL PRINTING COMPANY— 

Claim allowed 261 

STATE SUPERINTENDENT OF PUBLIC SCHOOLS— 

See committee report 147 

STATE TREASURER— 

See report of committee 66, 250 

Duties defined, see Section 24 of report 413 

Proviso in reference to present 506 

Term of successor to begin 507 

STATIONERY AND SUPPLIES— 

For General Assembly 323 

To be furnished by contract 513 

STENGLE, REV. ADAM— 

Opened with prayer 219 

STENGLE, REV. CHARLES I.— 

Nominated for Chaplain 7 

STENGLE, JOHN S.— 

Petition from 86 



4° 

STENOGRAPHER— 

Committee to consider appointment of, appointed .... 1 1 
Reported 16 

STOCK COMPANIES— 

See report 97 

SUPERINTENDENT OF FREE SCHOOLS— 

Resolution in relation to 82 

SUPREME COURT— 

See Judiciary report , 125, 126 

How constituted 383 

SUPERIOR COURT— 

See report Judiciary Committee 125, 126 

SUSSEX COUNTY— 

Certificates of delegates-elect presented 4 

SUSSEX JOURNAL— 

Claim presented 279 

SUSSEX REPUBLICAN— 

Claim presented 429 

T, 

TAXATION, COMMITTEE ON— 

Appointed 32 

Report presented 179, 180, 181 

THOMAS, JAMES E.— 

Communication from , 165 

TILLMAN, SENATOR— 

See resolution 178 



4 1 

TITLE— 

Of Constitution 360 

TREASON— 

See committee report 208 

TRUXTON, JOSEPH D.— 

Sheriff, presented certificates of delegates-elect from 
Sussex County 4 

u. 

UNIFORMITY OF TAXATION— 

See Article 8 349 

UNION LABOR LEAGUE, THE— 

Of Wilmington, petition from 124 

V. 

VACANCIES IN GENERAL ASSEMBLY— 

See report 251, 321 

Adopted 405 

VALIANT, W. T.— 

Communication from 116 

VINCENT, REV. MR.— 

Opened with prayer 200 

VANDYKE, ROBERT H.— 

Claim presented 488 

VOTE— 

For officers of Convention 6, 7, $ 

VOTE OF THANKS— 

Extended to officials of Convention 580 



^ 



42 

WALES, HON. LEONARD E.— 

Resolutions on the death of 130,, 131. 

WATSON, BENIAH— 

Presented certificates of delegates from Kent County.. 3, 
WILMINGTON, CITY OF— 

Petition of citizens, presented, read and referred. .484, 485. 
WILMINGTON, CITY OF— 

See report Legislative Committee 300 

WILMINGTON— 

Resolution of thanks to Board of Education of 151 

WILMINGTON PREACHERS ASSOCIATION— 

Petitions from 79, 175 

WOMEN, THE ENFRANCHISEMENT OF— 

Communication in relation to 29, 30 

WOMAN'S CHRISTIAN TEMPERANCE UNION— 

Hearing granted 118 

WOMAN SUFFRAGE— 

Communication in relation to 133 

WRIT OF ERROR— 

See committee report 189 

How issued 381 

WRITS OF PROHIBITION— 

Certiorari and mandamus, in relation to 382 

WRIGHT, ISAAC K.— 

Member of Convention, credentials endorsed 4 

President pro tempore 197 









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Library of Congress 
Branch Bindery, 1903 



